Legal Opinion
J. M. Zachary v. Federal Energy Regulatory Commission
Court of Appeals for the Fifth Circuit
Decided July 9, 1980No. 79-1754PublishedCited by 4 opinions
1Opinion of the Court
RONEY, Circuit Judge:
The issue in this case is whether a natural gas contract expired by its own terms, enabling the seller to then charge a higher rate under the replacement contract policy of the Federal Energy Regulatory Commission, 1 when the seller stopped delivery under a contract which was to continue “as long as gas is delivered hereunder in quantities commercial to Seller and Buyer.” We uphold the Commission’s determination that under its replacement contract policy the contract did not expire by its own terms upon the seller’s cessation of delivery, there being no question that gas…
2Cases cited14 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- Phillips Petroleum Co. v. WisconsinSupreme Court of the United States · 1954
- United Gas Pipe Line Co. v. Memphis Light, Gas & Water DivisionSupreme Court of the United States · 1959
- Citizens for Allegan County, Inc. v. Federal Power Commission, City of Allegan, Michigan, Consumers Power Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1969
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3Cited by4 opinions
- Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1981
- Mary Gladys Bowers v. Phillips Petroleum Co.Court of Appeals for the Fifth Circuit · 1982
- Mitchell Energy Corporation v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1981
- Peoples Natural Gas Co. v. Iowa State Commerce CommissionSupreme Court of Iowa · 1986