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WESTERN REFINING SOUTHWEST, INC. v. F.E.R.C.

No. 09-60947.

636 F.3d 719 (2011)

WESTERN REFINING SOUTHWEST, INC.; Western Refining Pipeline Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION; United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

March 24, 2011.

Attorney(s) appearing for the Case

Melvin Goldstein (argued), Goldstein & Associates, P.C., Washington, DC, John Christopher Reynolds , Reynolds, Frizzell, Black, Doyle, Allen & Oldham, L.L.P., Houston, TX, for Petitioners.

Robert Michael Kennedy, Jr . (argued), FERC, Washington, DC, for FERC.

Robert J. Wiggers , U.S. Dept. of Justice, App. Section, Antitrust Div., Washington, DC, for U.S.

David John Lewis , Loreen Marie Marcil (argued), Sidley Austin, L.L.P., Washington, DC, for Intervenor.

Before DeMOSS, BENAVIDES and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

The Interstate Commerce Act vests the Federal Energy Regulatory Commission with jurisdiction over common carriers engaged in "the transportation of oil ... by pipe line." 49 U.S.C. app. § 1(1)(b) (1988). This case concerns the extent of the Commission's jurisdiction under the Act, and whether it includes a dispute over a capacity lease agreement regarding the use of an oil pipeline. We AFFIRM.

I.

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