California v. Lo-Vaca Gathering Co.Annotate this Case
379 U.S. 366 (1965)
U.S. Supreme Court
California v. Lo-Vaca Gathering Co., 379 U.S. 366 (1965)
California v. Lo-Vaca Gathering Co.
Argued November 17-18, 1964
Decided January 18, 1965
379 U.S. 366
An interstate pipeline company which supplies natural gas at the California border entered into contracts to buy gas in Texas for delivery to its pipeline system. Although the gas was to be commingled with other purchases, the contracts provided for "restricted use" of the gas for internal company use, either intrastate or, if interstate, not for resale. It was conceded that some of the gas input would be resold outside of Texas. The Federal Power Commission asserted jurisdiction over these sales as sales in interstate commerce for resale under §1(b) of the Natural Gas Act. The Court of Appeals reversed.
1. The actuality of the interstate transportation and resale of a substantial portion of the gas invokes federal jurisdiction over the transactions, the form of the contracts notwithstanding. Pp. 379 U. S. 369-370.
2. The jurisdictional boundaries of the Federal Power Commission may be established by adjudication, rather than by rulemaking. P. 379 U. S. 371.
323 F.2d 190 reversed.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.