J. M. Huber Corporation v. William Harvey Denman and Jay Pumphrey, Trustees of the Estate of S. B. Burnett, Deceased

JOHN R. BROWN, Circuit Judge.

As with another case this day decided, 1 this one, thought by the parties to be a private controversy, turns out to have transcendent public interest issues. In each, besides deciding the private law questions, we direct a reference to the Federal Power Commission for it to determine under the doctrine of primary jurisdiction the jurisdiction of the FPC over rates to be paid for gas royalty. Post argument consideration led the Court to the view that in the ultimate resolution of private law issues, there were problems of great public interest. The Court by…