S. W. RICHARDSON, PETITIONER,
v.
FEDERAL POWER COMMISSION, RESPONDENT

5th Cir. | 1959-04-17
No. 17049
Before TUTTLE, JONES and BROWN, Circuit Judges.
266 F.2d 233 Court of Appeals for the Fifth Circuit (1959) Positive Treatment
Cited by 8 cases

Opinion of the Court
JONES, Circuit Judge.

JONES, Circuit Judge.

This is a companion case to the four cases decided today which are styled Sun Oil Company v. Federal Power Commission, 5 Cir., 266 F. 2d 222; Humble Oil & Refining Company v. Federal Power Commission, 5 Cir., 266 F. 2d 235; Hunt Oil Company v. Federal Power Commission, 5 Cir., 266 F. 2d 232; and Magnolia Petroleum Company v. Federal Power Commission, 5 Cir., 266 F. 2d 234.

The factual situation is here different from the other cases in that, when Richardson’s filing of the new contract as an initial rate schedule was rejected and his application for a new certificate was likewise rejected he appealed from the Commission’s orders. He did not, as did the petitioners in the companion cases, make an alternative filing of the new contract as a rate change. This difference does not require the application of any different principles than those upon which our decision was based in Sun Oil Company v. Federal Power Commission, supra. For the reasons assigned in the opinion in that case, the orders of the Federal Power Commission are

Affirmed.

Dissent
JOHN R. BROWN, Circuit Judge

JOHN R. BROWN, Circuit Judge

(dissenting).

For dissenting opinion see Sun Oil Company v. Federal Power Commission, 5 Cir., 1959, 266 F. 2d 222, 227.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw