H. F. SEARS AND A. E. HERRMANN CORPORATION, PETITIONERS,
v.
FEDERAL POWER COMMISSION, RESPONDENT
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The court held that the Commission must reopen proceedings to allow the petitioner to present relevant evidence regarding the proposed rate.
Petitioners sought review of a Federal Power Commission order, differing from a prior case by not moving for further evidence opportunity before the f…
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TUTTLE, Circuit Judge.
This appeal presents substantially the same questions as were before the Court for disposition in Forest Oil Corp. v. Federal Power Commission, 5 Cir., 263 F. 2d 622.
The only substantial difference between the eases is that the petitioners here did not make a motion before the Commission before the final order, as was done in Forest Oil Corporation, for further opportunity to produce the financial type of evidence which was indicated by the Commission’s order in Bel Oil v. F. P. C., No. 300, would be required. On oral argument before this Court, counsel for petitioner requested that this opportunity be given.
As we said in Gulf Oil Corporation v. Federal Power Commission, 5 Cir., 255 F. 2d 556, 557:
“We think justice requires that the matter be referred back to the Commission for the taking of additional testimony, especially in light of the Pan American opinion [Opinion 310].”
The petition is granted to the extent that the Commission is directed to reopen these proceedings to afford petitioner reasonable opportunity to adduce such evidence as they may be advised is relevant to the inquiry whether the proposed rate is just and reasonable. In all other respects the petition is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Forest OIL Corp. v. Fed. Power Comm'n, 263 F.2d 622 (5th Cir. 1959)
Authorities Cited
- Gulf OIL Corp. v. Fed. Power Comm'n, 255 F.2d 556 (5th Cir. 1958)
- Forest OIL Corp. v. Fed. Power Comm'n, 263 F.2d 622 (5th Cir. 1959)