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CITY OF GALLUP v. F.E.R.C.

Nos. 82-1069, 82-1075, 82-1099 and 82-1115.

702 F.2d 1116 (1983)

CITY OF GALLUP, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Company of New Mexico, Intervenor. (Four Cases)

United States Court of Appeals, District of Columbia Circuit.

As Amended March 11, 1983.

Attorney(s) appearing for the Case

Paul H. Keck, John T. Stough, Jr., and Michael F. Healy, Washington, D.C., were on the motion to dismiss and to transfer for intervenor, Public Service Co. of New Mexico.

Charles F. Wheatley, Jr., Philip B. Malter, Washington, D.C., and William Steven Paleos were on the motion in response to dismiss and to transfer, for petitioner, City of Gallup.

Jerome M. Feit and Arlene Pianko Groner, Federal Energy Regulatory Com'n, Washington, D.C., also entered appearances for respondent.

Before ROBINSON, Chief Judge, MacKINNON and EDWARDS, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

These motions ask the court to function once again as finish-line umpires in a "race to the courthouse." The City of Gallup, New Mexico, seeks review in this court of an order of the Federal Energy Regulatory Commission setting rates for the Public Service Company of New Mexico. Meanwhile the company has filed petitions for review in the Tenth Circuit. The motions before us concern the question of which court first received...

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