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GRYNBERG v. F.E.R.C.

Nos. 94-1699, 95-1134.

71 F.3d 413 (1995)

Jack J. GRYNBERG, Individually and as General Partner for the Greater Green River Basin Drilling Program: 72-73, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Rocky Mountain Natural Gas Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 12, 1995.

Attorney(s) appearing for the Case

Nancy J. Skancke argued the cause and filed the briefs for petitioner Jack J. Grynberg.

John T. Miller, Jr. argued the cause and filed the briefs for petitioner and intervenor Rocky Mountain Natural Gas Company.

Jill L. Hall, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Jerome M. Feit, Solicitor, Federal Energy Regulatory Commission.

Before: SILBERMAN, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

In 1975, Jack J. Grynberg entered into a contract to sell natural gas to Rocky Mountain Natural Gas Company in intrastate commerce. Rocky Mountain now argues that the contract was illegal because Grynberg had previously dedicated the gas to interstate commerce under a 1968 agreement between Grynberg and Mountain Fuel, an interstate pipeline...

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