Legal Opinion · Dissent

Deep South Oil Company of Texas v. Federal Power Commission

Court of Appeals for the Fifth Circuit

Decided July 30, 1957No. 15849Published

1DissentJohn R. Brown, Circuit Judge

(dissenting).*

Again, my differences, while substantial are basic and, in this approach, as before, Magnolia Petroleum Co. v. Federal Power Commission, 5 Cir., 236 F.2d 785, at pages 793 to 811, I accept the Court’s fair and faithful outline of the cases. Since these cases1 present the *890common problem of jurisdiction of the Federal Power Commission over the first sale by an oil-gas-well producer made before production or gathering has ended, I treat them together despite minor variations in factual details.

Likewise, it both simplifies and emphasizes the nature of this problem to concentrate…

2Cases cited55 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Nebbia v. New YorkSupreme Court of the United States · 1934
  3. Parker v. BrownSupreme Court of the United States · 1943
  4. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  5. Swift & Co. v. United StatesSupreme Court of the United States · 1905

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