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

No. 04-60041.

407 F.3d 346 (2005)

JUPITER ENERGY CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

April 12, 2005.

Attorney(s) appearing for the Case

H. Christopher Bartolomucci (argued), Hogan & Hartson, Washington, DC, for Petitioner.

David H. Coffman (argued), Dennis Lane, FERC, Washington, DC, for Respondent.

James T. McManus, Wright & Talisman, Washington, DC, for Amici Curiae.

Before REAVLEY, HIGGINBOTHAM and DEMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Jupiter Energy Corporation petitions this Court for review of the Federal Energy Regulatory Commission's determination that Jupiter's two pipelines perform a "transportation" function rather than a "gathering" function, thereby subjecting them to the Commission's jurisdiction under Section 1(b) of the Natural Gas Act.1 We grant the petition, vacate the Commission's decision, and remand.

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