United Gas Improvement Company v. Federal Power Commission

TUTTLE, Chief Judge.

This case presents the identical problem heretofore resolved by the Courts of Appeal for the 9th Circuit in United Gas Improvement Co. v. F. P. C., 283 F. 2d 817, and the District of Columbia Circuit in Public Service Commission of New York v. F. P. C., 287 F.2d 146, and now pending after argument in a companion case in the 10th Circuit. Petitioner here also contends that it has been resolved by the United States Supreme Court by directing a reversal (see 361 *134U.S. 195, 80 S.Ct. 292, 4 L.Ed.2d 237) of the 3rd Circuit decision in United Gas Improvement Company v. F. P. C.,…