Interstate Natural Gas Co. v. Southern California Gas Co.

Appellant sued for damages in the District Court alleging a refusal by ap.-pellees to transport through its pipeline system natural gas belonging to appellant in violation of the Mineral Lands Leasing Act, 30 U.S.C.A. § 185 , the Natural Gas Act, 15 U.S.C.A. § 717 , and the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1 and 2.

Appellees, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., moved for dismissal of the action on the ground that, (1) the complaint failed to state a claim upon which relief could be granted, (2) because the court lacked jurisdiction over the subject matter of the action, and, (3) that there was a failure to join indispensable parties. The trial court granted the motion to dismiss on the ground that primary jurisdiction was in the Federal Power Commission and that appellant had failed to exhaust its administrative remedies, D.C., 102 F.Supp. 685 . Appellant filed an amended complaint which was also dismissed on the same ground, D.C., 103 F.Supp. 317 . The pertinent allegations of the amended complaint are as follows:

Appellees own and operate a natural gas pipeline system constructed upon rights-of-way across government land under…