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COASTAL OIL & GAS CORP. v. F.E.R.C.

No. 84-4504.

782 F.2d 1249 (1986)

COASTAL OIL & GAS CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

February 18, 1986.

Attorney(s) appearing for the Case

Ross, Marsh & Foster, Bernard A. Foster, III, William R. Mapes, Jr., Washington, D.C., for petitioner Coastal Oil & Gas Corp.

Jerome M. Feit, Solicitor, F.E.R.C., Washington, D.C., Joseph Davies, for respondent F.E.R.C.

Mark E. Headicke, William V. Allison, Winter Park, Fla., for intervenor Florida Gas Trans. Co.

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

JOHN R. BROWN, Circuit Judge:

In this appeal, we must determine whether natural gas is "dedicated" to interstate commerce even when the underlying contracts for the interstate sale of the gas contain a clause under which a producer is excused from connecting a well to the relevant interstate pipeline if such connection would be unprofitable. If we decide that the gas was dedicated to interstate commerce then we must also inquire into the remedy fashioned by the Federal...

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