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KAISER-FRANCIS, ETC. v. FEDERAL ENERGY REG. COM'N

No. 79-2081.

675 F.2d 249 (1982)

KAISER-FRANCIS SPECIAL ACCOUNT C, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

April 8, 1982.

Attorney(s) appearing for the Case

Kenneth L. Brune, Tulsa, Okl. (Frederic Dorwart and Jack D. Bryant, Tulsa, Okl., with him on the brief, Holliman, Langholz, Runnels & Dorwart, Tulsa, Okl., of counsel), for petitioner.

John A. Cameron, Jr., Atty., Federal Energy Regulatory Commission, Washington, D. C. (Jerome Nelson, Acting Gen. Counsel, Washington, D. C., with him on the brief), for respondent.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

SETH, Chief Judge.

This is an appeal from an order of the Federal Energy Regulatory Commission denying the petition of Kaiser-Francis for a declaratory order. The issue on appeal is whether the Commission properly construed the pricing provisions of a contract for the sale of natural gas in a manner consistent with § 154.106 of the Commission's regulations.

The petitioner Kaiser-Francis is the successor in interest to Wessely Petroleum, Ltd. On June 16...

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