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

During the period from October 18, 1948 until October 25, 1950, Interstate Natural Gas Company had control of the production of natural gas which it desired to ship and sell in interstate commerce. It requested defendants, as transporters, to accomodate its supply of natural' gas through defendants’ pipeline to commercial and industrial users in Southern California. Defendants refused. Plaintiff filed this action for damages alleged to have been suffered by reason of defendants’ refusal.

Plaintiff asserts that defendants’ conduct was in violation of the provisions of the Leasing Act of February 25, 1920, 30 U.S.C.A. § 185 , of the Natural Gas Act, 15 U.S.C.A. § 717 , and the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1 and 2.

Defendants have filed a motion to dismiss.'

The substance of the pertinent allegations of the complaint may be stated as follows: The defendants, during the period referred to in the complaint, were engaged in the transportation of natural gas in interstate commerce, and owned a pipeline system located in the states of Texas, New Mexico, Arizona and California. Defendants’ pipeline was constructed upon rights-of-way across government lands under permits…