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SOUTHERN UNION GATHERING CO. v. F. E. R. C.

No. 81-4464.

687 F.2d 87 (1982)

SOUTHERN UNION GATHERING COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 25, 1982.

Attorney(s) appearing for the Case

McGee & Ketcham, Phil W. Jordan, James S. D. Eisenhower, III, Robert J. Haggerty, Washington, D.C., for petitioner.

Jerome M. Feit, Sol., Auburn L. Mitchell, Atty. F. E. R. C., Washington, D. C., for respondent.

Before CLARK, Chief Judge, GARZA and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge:

Southern Union Gathering Company (Gathering Company) has petitioned this Court on grounds that the Federal Energy Regulatory Commission (Commission) has wrongfully denied an interim rate adjustment request under the Natural Gas Act (NGA). The Commission, however, asserts that this Court has no jurisdiction to review the NGA claim, because Gathering Company failed to exhaust its administrative remedies. Additionally, the Commission contends...

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