“ All of the gas purchased by MDU from Amerada-Signal under both sets of contracts is delivered into the pipeline at the Tioga plant. According to the testimony of MDU's engineer, on a peak winter day the pipeline would elect to purchase all of the Amerada-Signal gas under the 'North Dakota Contracts.' Yet, as previously shown, on such a day some of the Amerada-Signal gas flows westward, in a commingled stream with gas from other sources, and is resold outside of North Dakota. ”

“ Relying on its decision in Lo-Vaca Gathering Co., 26 F.P.C. 606 (reversed, Lo-Vaca Gathering Co. v. Federal Power Commission 323 F.2d 190, reversed, People of State of California v. Lo-Vaca Gathering Co., 379 U.S. 366, 85 S.Ct. 486) , the Commission rejected the contention and asserted its jurisdiction over the sales. 30 F.P.C. 200. The Court of Appeals reversed. 334 F.2d 404. The Commission has petitioned for writ of certiorari. ”