U.S. Court of Appeals for the Fifth Circuit, 1961

Continental Oil Company and Charles B. Wrightsman v. Federal Power Commission and United Gas Pipe Line Company

U.S. Court of Appeals for the Fifth Circuit · Decided January 20, 1961 · Jones, Per Curiam, Rives, Wisdom

285 F.2d 527 (Federal Reporter, Second Series)

Counsel

Robert C. Hawley, Tom Burton, Houston, Tex., Mort Walker, Jr., New Orleans, La., for petitioners., Howard E. Wahrenbrock, Solicitor, John C. Mason, Gen. Counsel, Arthur H. Fribourg, Atty., Federal Power Comm., Washington, D. C., for respondents.

Cases that cite this one

4 later published cases cite this decision.

People's Counsel v. Public Service Commission (D.C. 1984)
Tenneco, Inc. And Tennessee Gas Pipeline Company v. Federal Energy Regulatory Commission (5th Cir. 1982)
A-1 Coach Tours, Inc. v. United States (District Court, E.D. New York 1966)
W. J. Dillner Transfer Co. v. McAndrew (District Court, W.D. Pennsylvania 1963)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This petition seeks the review of a telegraphic order of the Federal Power Commission addressed to Continental Oil Company reading: “Your petition for declaratory order and order to show cause be and is hereby denied by direction of the Commission.” That order merely denied the petitioners discretionary declaratory relief and the petitioners are not aggrieved thereby. This Court has no jurisdiction to review the Commission’s refusal to issue such a declaratory order. United Gas Pipe Line Co. v. Federal Power Commission, 5 Cir., 1953, 203 F.2d 78. See also, Federal Power Commission v. Metropolitan Edison Co., 1938, 304 U.S. 375, 384, 58 S.Ct. 963, 82 L.Ed. 1408. The petition for review is therefore dismissed for want of jurisdiction.

Dismissed.

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