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NATURAL GAS PIPELINE CO. v. RAILROAD COM'N OF TEX.

No. 81-1340.

679 F.2d 51 (1982)

NATURAL GAS PIPELINE COMPANY OF AMERICA, Plaintiff-Appellee, v. RAILROAD COMMISSION OF TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 25, 1982.

Attorney(s) appearing for the Case

Ralph T. Aldave, Asst. Atty. Gen., Austin, Tex., for defendant-appellant.

Dyche & Wright, Dennis M. Dylewski, John L. Verner, Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, REAVLEY and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

This is an appeal of a district court's declaratory judgment that certain gas pipeline facilities are not subject to safety standards promulgated by the Texas Railroad Commission because those standards are preempted by provisions of the Natural Gas Pipeline Safety Act. We affirm.

This case was presented to the district court on an agreed statement of facts, accompanied by a number of agreed exhibits, from which the following facts...

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