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CF INDUSTRIES, INC. v. F.E.R.C.

No. 90-1180.

925 F.2d 476 (1991)

CF INDUSTRIES, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents, Farmland Industries, Inc., Gulf Central Pipeline Company, Gulf Central Storage and Terminal Company, Koch Industries, Inc., IMC Fertilizer, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1991.

Attorney(s) appearing for the Case

Alfred Winchell Whittaker, with whom Katherine C. Zeitlin, Washington, D.C., was on the brief, for petitioner. Stephen A. Herman, Washington, D.C. also entered an appearance, for petitioner.

Dwight C. Alpern, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondents. James F. Rill, Asst. Atty. Gen., John J. Powers, III and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., also entered appearances, for respondents.

Steven H. Brose and Samuel M. Sipe, Jr., Washington, D.C. were on the brief, for intervenors Gulf Central Pipeline Co., Gulf Central Storage and Terminal Co., and Koch Industries, Inc.

John M. Cleary and Frederic L. Wood, Washington, D.C. entered appearances, for intervenor Farmland Industries, Inc.

Thomas F. McFarland, Jr. and Harold E. Spencer, Chicago, Ill. entered appearances, for intervenor IMC Fertilizer, Inc.

Before RUTH B. GINSBURG, SILBERMAN, and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This case concerns which agency — FERC or the ICC — has jurisdiction to regulate rates charged for the transport of anhydrous ammonia by pipeline. Both FERC and the ICC agree that the authority is the ICC's. CF Industries believes otherwise, and petitions for review of a FERC order dismissing for lack of jurisdiction a complaint

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