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CITY OF FARMINGTON, N.M. v. F.E.R.C.

No. 85-1680.

820 F.2d 1308 (1987)

CITY OF FARMINGTON, NEW MEXICO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Amoco Production Company, Amoco Gas Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 1987.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., with whom Philip B. Malter, Annapolis, Md., was on the brief, for petitioner.

Andrea Wolfman, Atty., F.E.R.C., with whom Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., was on the brief, for respondent.

J. Paul Douglas, Washington, D.C., for intervenor, Amoco Gas Company. Brian J. Heisler entered an appearance for Amoco Gas Company.

Kevin M. Sweeney was on the brief for intervenor, Amoco Production Company.

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

Opinion for the Court filed by Circuit Judge WILLIAMS.

Opinion concurring in part and dissenting in part filed by Chief Judge WALD.

WILLIAMS, Circuit Judge:

The City of Farmington, New Mexico petitions for review of an order of the Federal Energy Regulatory Commission. Farmington contends that the Commission has jurisdiction, pursuant to § 1(b) of the Natural Gas Act ("NGA"), 15 U.S.C. § 717(b)...

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