[DOWNLOAD] "Cabot Carbon Company v. Phillips Petroleum Company" by Court of Criminal Appeals of Oklahoma * eBook PDF Kindle ePub Free
eBook details
- Title: Cabot Carbon Company v. Phillips Petroleum Company
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 28, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
1 This appeal presents one controversy in the body of litigation that has proceeded through various courts, as well as this States Corporation Commission since the latter, in 1946, entered its first Order (No. 19514) fixing the price of natural gas in the Guymon-Hugoton Field, and it was determined on appeal to this Court and to the U.S. Supreme Court, Cities Service Gas Co. v. Peerless Oil & Gas Co., 203 Okl. 35, 220 P.2d 279, Id., 340 U.S. 179, 71 S.Ct. 215, 95 L.Ed. 190; Phillips Petroleum Co. v. State of Okla., 340 U.S. 190, 71 S.Ct. 221, 95 L.Ed. 204, that said tribunal (hereinafter referred to merely as the "Commission") could, in connection with its power to regulate the taking of such gas from its natural reservoir, fix the price at which it was so taken. In the years that have elapsed since the Commission, by said order, first set a minimum price of 7? per thousand cubic feet (MCF) at the well-head for such gas from said field, and, by a subsequent order (No. 26096) entered July 29, 1952, increased said minimum price to 9.8262?, and extended said increased price to all gas (including so-called "residue" gas) sold "off the lease or drilling unit * * *" where it left said reservoir, various companies, both purchasers and sellers of gas from said field, have attempted either to bring the gas with which they were dealing under the operation of said orders, or to avoid them, depending, of course, upon whether the determination they sought would be advantageous in relieving them from compliance with contracts previously entered into, specifying a lower price for the gas. Generally, those bound by such contracts to sell have steadfastly maintained that the Commissions orders for the higher price were valid and applied to their situation, while those bound by such contracts to buy, just as steadfastly maintained that the orders did not apply to the gas dealt with in their situation, and/or, that the orders were invalid and unconstitutional. See State of Wisconsin v. Federal Power Comm., 92 U.S.App.D.C. 284, 205 F.2d 706; Phillips Petroleum Co. v. State of Wisconsin, 347 U.S. 672, 74 S.Ct. 794, 98 L.Ed. 1035; Natural Gas Pipe Line Co. of America v. Panoma Corp., Okl., 271 P.2d 354, Id., 349 U.S. 44, 75 S.Ct. 576; Natural Gas Pipe Line Co. of America v. Corporation Commission, Okl., 272 P.2d 425; Id., 349 U.S. 44, 10 Cir., 75 S.Ct. 578; Cabot Carbon Co. v. Phillips Pet. Co., D.C., 114 F. Supp. 953; Phillips Petroleum Co. v. Cabot Carbon Co., 10 Cir., 210 F.2d 841, Id., 348 U.S. 867, 75 S.Ct. 105; Panoma Corp. v. Texas Co., Okl., 284 P.2d 716.