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MINERAL RESOURCES, INC. v. F.E.R.C.

No. 85-1741.

808 F.2d 107 (1986)

MINERAL RESOURCES, INCORPORATED, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Natural Gas Pipeline Company of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Edward H. Gerstenfield, Bethesda, Md., for petitioner.

Joel M. Cockrell, Atty., F.E.R.C., with whom Jerome M. Feit, Sol. and Joshua Z. Rokach, Atty., F.E.R.C., Washington, D.C., were on brief for respondent.

Karyl McCurdy Arnold, Lombard, Ill., for intervenor. Paul E. Goldstein, Chicago, Ill., and Paul W. Mallory, Lombard, Ill., were on brief, for intervenor.

Before WALD, Chief Judge, WILLIAMS, Circuit Judge, and WILL, Senior District Judge.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

Petitioner Mineral Resources, Inc. ("MRI") seeks review of an order of the Federal Energy Regulatory Commission ("FERC" or "Commission"), in which the Commission held that certain natural gas was subject to the pricing provisions of § 104 of the Natural Gas Policy Act of 1978, 15 U.S.C. § 3314. See 32 F.E.R.C. ¶ 61,122 (1985), Joint Appendix ("J.A.") at 37-41. Section...

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