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WILLIAMS PIPE LINE CO. v. EMPIRE GAS CORP.

No. 95-5053.

76 F.3d 1491 (1996)

WILLIAMS PIPE LINE COMPANY, a Delaware corporation, Plaintiff-Appellant, v. EMPIRE GAS CORPORATION, a Missouri corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 14, 1996.

Attorney(s) appearing for the Case

Submitted on the briefs:*

C. Kevin Morrison, John T. Schmidt and Randolph L. Jones, Jr., Conner & Winters, Tulsa, Oklahoma, for Plaintiff-Appellant.

Steven G. Emerson, Thomas H. Davis, Watson & Marshall L.C., Kansas City, Missouri and Jerry Truster, Tulsa, Oklahoma, for Defendant-Appellee.

Before BALDOCK, BRORBY, and KELLY, Circuit Judges.

BALDOCK, Circuit Judge.

Under the Interstate Commerce Act, pipeline common carriers are required to establish rates and practices related to the transportation they provide, and file a tariff containing the rates and practices with the Federal Energy Regulatory Commission ("FERC"). 42 U.S.C. § 7172(b), 49 U.S.C. §§ 60501, 10501(a), 10762(a). A filed tariff rate or practice "governs the legal relationship between...

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