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MUSTANG ENERGY CORP. v. F.E.R.C.

No. 86-2259.

859 F.2d 1447 (1988)

MUSTANG ENERGY CORP., formerly known as Mustang Fuel, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. El Paso Natural Gas Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

October 17, 1988.

Attorney(s) appearing for the Case

David O. Cordell, Mustang Energy Corp., Oklahoma City, Okl., and Carroll L. Gilliam, Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C. (Craig W. Hulvey and George C. Garikes, Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C., with them on the briefs), for petitioner.

Joanne Leveque (Jerome M. Feit, Sol., and Catherine C. Cook, Gen. Counsel, with her on the brief), F.E.R.C., Washington, D.C., for respondent.

Before ANDERSON and BALDOCK, Circuit Judges, and PARKER, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Mustang Energy Corporation ("Mustang") petitions for review under 15 U.S.C. § 3416(a)(4) of orders of the Federal Energy Regulatory Commission ("FERC") establishing "fair and equitable" rates for the transportation of natural gas by Mustang and ordering refunds. We affirm the FERC orders in most respects but modify the orders in part.

I.

Mustang is an intrastate pipeline transporting natural gas in the state...

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