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CERRO WIRE & CABLE v. FEDERAL ENERGY REG. COM'N

No. 80-2504.

677 F.2d 124 (1982)

CERRO WIRE & CABLE CO., et al., American Bakeries Co., et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Electric and Gas Company, Transcontinental Gas Pipe Line Corporation, Brooklyn Union Gas Company, Process Gas Consumers Group, American Iron and Steel Institute, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1982.

Attorney(s) appearing for the Case

Morton L. Simons with whom Barbara M. Simons, Washington, D. C., was on the brief, for petitioners.

Joanne Leveque, Atty., Federal Energy Regulatory Commission with whom Jerome Nelson, Acting Gen. Counsel and Sol., Federal Energy Regulatory Commission, Washington, D. C., was on the brief, for respondent.

Robert G. Hardy with whom Thomas F. Ryan, Jr. and David J. Evans, Washington, D. C., were on the brief, for intervenor, Transcontinental Gas Pipe Line Corp.

Joseph P. Stevens and William R. Coleman, Brooklyn, N.Y., were on the brief, for intervenor, The Brooklyn Union Gas Co.

James R. Lacey, Newark, N. J., entered an appearance for intervenor, Public Service Elec. and Gas Co.

Edward J. Grenier, Jr., Richard P. Noland and Richard A. Oliver, Washington, D. C., entered appearances for intervenor Process Gas Consumers Group, et al.

Before LUMBARD, Senior Circuit Judge, United States Court of Appeals for the Second Circuit, and ROBB and MIKVA, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

Pursuant to section 19(b) of the Natural Gas Act, 15 U.S.C. § 717r(b) (1976) petitioners, commercial and industrial users of natural gas, challenge two orders issued by the Federal Energy Regulatory Commission. In the first order the Commission dismissed for failure to state a cause of action petitioners' complaints alleging a violation of section 7(b) of the Act, 15 U.S.C. §...

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