Legal Opinion

Callery Properties, Inc. v. Federal Power Commission

Court of Appeals for the Fifth Circuit

Decided August 14, 1964No. Nos. 20872, 20885, 20890-20892, 20967, 20989, and 21028PublishedCited by 6 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

These cases present important questions under the Natural Gas Act, 15 U.S. C.A. § 717. These include the nature of the hearing and the scope of the pertinent evidence bearing on price in a § 7 application for permanent certificate, the legality of retroactive rate refund, and the validity of a moratorium on post-certificate § 4 price increases.

The cases are not new for us, certainly not, as to one case. Their presence here bears out the prediction of the dissenter1 that “this case will be back several years and thousands of pages later.” 2 Without assaying the…

2Cases cited42 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940
  3. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  4. United Gas Pipe Line Co. v. Mobile Gas Service Corp.Supreme Court of the United States · 1956
  5. Atlantic Refining Co. v. Public Service CommissionSupreme Court of the United States · 1959

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3Cited by6 opinions

  1. Weymouth v. Colorado Interstate Gas Co.Court of Appeals for the Fifth Circuit · 1966
  2. Pan American Petroleum Corp. v. El Paso Natural Gas Co.New Mexico Supreme Court · 1966
  3. Continental Oil Co. v. Federal Power CommissionCourt of Appeals for the Fifth Circuit · 1967
  4. Continental Oil Company, Austral Oil Company, Incorporated, Bright and Schiff, Blanco Oil Company and Killian and Hurd, Shell Oil Company v. Federal Power Commission, the Brooklyn Union Gas Company, Longisland Lighting Company, Philadelphia Gas Works, Division of the United Gasimprovement Company, Intervenors. The Brooklyn Union Gas Company, Long Island Lighting Company, Philadelphia Gasworks, Division of the United Gas Improvement Company, Public Servicecommission of the State of New York v. Federal Power Commission, Texaco, Inc., Gulf Oil Corporation,inc., Humble Oil Company, Inc., Austral Oil Company, Inc., McCurdy and McCurdy Oil Company, Pan American Patroleum Corp., Jonnell Gas, Inc., Bright Andschiff, Shelloil Company, Intervenors. Margaret Hunt Hill, Trustee for Hassie Hunt Trust, H. L. Hunt, Hunt Oilcompany, Lamar Hunt, Trustee for William Herbert Hunt Trust Estate, A. G. Hill,trustee for Lamar Hunt Trust Estate, George W. Graham, Inc., Placid Oilcompany v. Federal Power Commission, Hunt Oil Company, Lamar Hunt, Trustee for William Herbert Hunt Trust Estate,a. G. Hill, Trustee for Lamar Hunt Trust Estate, Placid Oil Company,petitioners v. Federal Power CommissionCourt of Appeals for the Fifth Circuit · 1967
  5. Callery Properties, Inc. v. Federal Power Commission, the Superior Oil Company v. Federal Power Commission, Caroline Hunt Sands and Loyd B. Sands v. Federal Power Commission, Placid Oil Company v. Federal Power Commission, Margaret Hunt Hill, Trustee for Hassie Hunt Trust v. Federal Power Commission, J. Ray McDermott & Co., Inc. v. Federal Power Commission, Ocean Drilling & Exploration Company v. Federal Power Commission, J. R. Frankel v. Federal Power CommissionCourt of Appeals for the Fifth Circuit · 1964

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