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McCOMBS v. FEDERAL ENERGY REGULATORY

No. 75-1829.

705 F.2d 1177 (1980)

Billy J. McCOMBS, R. James Stillings, d/b/a Gastill Company, David A. Onsgard, Basin Petroleum Corp., E. I. du Pont de Nemours & Company, and Bill Forney, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, formerly known as Federal Power Commission, Respondent, United Gas Pipe Line Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided November 7, 1980.

Opinion vacated March 31, 1983.

Attorney(s) appearing for the Case

Stanley L. Cunningham, Oklahoma City, Okl. (Philip D. Hart, Terry R. Barrett, McAfee, Taft, Mark, Bond, Rucks & Woodruff, and McAfee & Taft, Oklahoma City, Okl., on briefs), for petitioners, McCombs Group.

Nicholas W. Fels, Washington, D. C. (Jerome Ackerman, Eric A. Eisen, and Covington & Burling, Washington, D. C., on briefs), for petitioner, du Pont.

John J. Lahey, Washington, D. C. (Drexel D. Journey, Robert W. Perdue, Allan Abbot Tuttle, Thomas M. Walsh, Robert R. Nordhaus, Jerome M. Feit and Joshua J. Rokach, Washington, D. C., on briefs), for respondent.

Knox Bemis, Washington, D. C. (Platt W. Davis III, Barbara S. Blaine, Washington, D. C., J. Evans Atwell, Houston, Tex., Vinson, Elkins, Searls, Connally & Smith, Washington, D. C. and Houston, Tex., William B. Cassin, Larry J. Gunn, Houston, Tex., and W. DeVier Pierson, James M. Costan, Washington, D. C., on briefs), for intervenor.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

The McCombs Group and E. I. du Pont de Nemours & Company petitioned for review of orders of the Federal Power Commission, now known as the Federal Energy Regulatory Commission. The Commission ordered the McCombs Group to deliver to the intervenor United Gas Pipe Line Company in interstate commerce natural gas produced from certain leases in Texas. In response to du Pont's motion to dismiss for lack of Commission jurisdiction over du Pont...

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