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WESSELY ENERGY CORP. v. ARKANSAS LOUISIANA GAS CO.

No. CIV-77-0159-B.

438 F.Supp. 360 (1977)

WESSELY ENERGY CORPORATION, Plaintiff, v. ARKANSAS LOUISIANA GAS COMPANY and the Federal Power Commission, Defendants.

United States District Court, W. D. Oklahoma.

July 29, 1977.

Attorney(s) appearing for the Case

Phillip D. Hart, Terry R. Barrett and Stanley L. Cunningham of McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, Okl., and Robert M. Martin, Jr., Dallas, Tex., for plaintiff.

James A. Peabody of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., and W. Michael Adams of Blanchard, Walker, O'Quin & Roberts, Shreveport, La., for defendant Arkansas Louisiana Gas Co.

Thomas M. Walsh, Washington, D. C., for defendant Federal Power Commission.

MEMORANDUM OPINION

BOHANON, District Judge.

On July 5, 1977, this cause came before the Court in a hearing on plaintiff's Motion for Summary Judgment. Arkansas Louisiana Gas Company (Arkla) and the Federal Power Commission (FPC) had previously filed Motions to Dismiss the Action, alleging that primary jurisdiction was vested in the FPC, and further alleging Wessely's failure to exhaust its administrative remedies...

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