U.S. Court of Appeals for the D.C. Circuit, 1966

Southern Natural Gas Company v. Federal Power Commission, United Gas Pipe Line Company, Intervenor

U.S. Court of Appeals for the D.C. Circuit · Decided May 5, 1966 · Burger, Per Curiam, Tamm, Wright

361 F.2d 70; 124 U.S. App. D.C. 53; 1966 U.S. App. LEXIS 6281; 64 P.U.R.3d 334 (Federal Reporter, Second Series)

Counsel

Mr. Peter G. Smith, with whom Messrs. William S. Tarver and Lewis Carroll, Birmingham, Ala., were on the brief, for petitioner., Mr. Joel Yohalem, Atty., F.P.C., with whom Messrs. Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Sol., and Abraham R. Spalter, Asst. Gen. Counsel, F.P.C., were on the brief, for respondent., Mr. Thomas Fletcher, Houston, Tex., for intervenor.

Cases that cite this one

2 later published cases cite this decision.

Clark Engineering and Construction Company v. United Brotherhood of Carpenters and Joiners of America, Four Rivers District Council (6th Cir. 1975)
Pennzoil Company v. Federal Energy Regulatory Commission (5th Cir. 1981)

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 appeal concerns the lawful rate for transportation of natural gas by United Gas Pipe Line Company for Southern Natural Gas Company during the period May 1, 1963, through May 25, 1965. Petitioner contends that the rate filed, charged and collected by United was unilaterally imposed and is therefore void under United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332, 76 S.Ct. 373, 100 L.Ed. 373 (1956), and Tyler Gas Service Company v. Federal Power Comm., 101 U.S.App.D.C. 184, 247 F.2d 590, cert. denied, sub nom. United Gas Pipe Line Co. v. Tyler Gas Service Co., 355 U.S. 895, 78 S.Ct. 263, 2 L.Ed.2d 193 (1957). We agree with the Commission that the rate, however imposed initially, was thereafter bilaterally agreed upon and, consequently, was not void under the principles announced in the Mobile and Tyler cases.

Affirmed.

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