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TENNESSEE GAS TRANSMISSION CO. v. FEDERAL POWER COM'N

Nos. 18547, 18597.

283 F.2d 729 (1960)

TENNESSEE GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. MANUFACTURERS LIGHT AND HEAT COMPANY, The Ohio Fuel Gas Company, United Fuel Gas Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

Petition for Rehearing Denied November 9, 1960.

Attorney(s) appearing for the Case

Wm. R. Brown, Houston, Tex., Dale A. Wright, Harry S. Littman, Harold Talisman, Jack Werner, Washington, D. C., Brooks E. Smith, New York City, for petitioner in No. 18547.

William C. Spence, Houston, Tex., Brooks E. Smith, New York City, for petitioner in No. 18597.

Herzel H. E. Plaine, Washington, D. C., David Stahl, City Solicitor, Pittsburgh, Pa., for intervenor City of Pittsburgh.

Howard E. Wahrenbrock, Sol., John C. Mason, Gen. Counsel, Peter H. Schiff, Atty., Federal Power Commission, Washington, D. C., for respondent.

Before RIVES, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.

Petition for Rehearing En Banc Denied November 9, 1960.

Petition for Rehearing En Banc Denied in No. 18547, November 9, 1960.

PER CURIAM.

All of the Judges are of the opinion that the petitioners have not made a strong showing of any likelihood that this Court will invalidate the Commission's determination that 7% is higher than a fair rate of return for Tennessee Gas Transmission Company. Judges Rives and Tuttle are of the further opinion that the...

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