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REPUBLIC NAT. GAS CO. V. OKLAHOMA, 334 U. S. 62 (1948)

U.S. Supreme Court

Republic Nat. Gas Co. v. Oklahoma, 334 U.S. 62 (1948)

Republic Natural Gas Co. v. Oklahoma

No. 134

Argued January 6, 1948

Decided May 3, 1948

334 U.S. 62


One of two producers of natural gas in the same Oklahoma field was ordered by the State Commission to take gas "ratably" from, and to connect its pipeline with the well of, the other, on terms and conditions to be agreed upon by the parties or to be fixed by the Commission if the parties were unable to agree. The validity under the Federal Constitution of the order and of the state law which authorized it were sustained by the State Supreme Court, which interpreted the order as giving the respondent the choice of taking and paying for the gas, marketing the gas and accounting therefor, or shutting down its own wells.

Held: the judgment of the State Supreme Court was not "final" within the meaning of § 237 of the Judicial Code, and this Court is therefore without jurisdiction of an appeal therefrom. Pp. 334 U. S. 62-72.

198 Okla. 350, 180 P.2d 1009, appeal dismissed.

An order of the State Corporation Commission of Oklahoma, directing the appellant to take gas ratably from another producer in the same field, was sustained by the State Supreme Court. 198 Okla. 350, 180 P.2d 1009. An appeal to this Court is here dismissed for the want of a "final" judgment p. 334 U. S. 72.

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