Fpc v. Amerada Petroleum Corp., 379 U.S. 687 (1965)

MR. JUSTICE GOLDBERG, with whom MR. JUSTICE STEWART joins, concurring.

I agree with the Court that this case is clearly controlled by our recent decision in California v. Lo-Vaca Gathering Co., ante, p. 366, and thus join the opinion and judgment of the Court. I concur, however, in order to make explicit my understanding of the rational of the Court’s decision in this case.

At the time of this action, respondents, as in Lo-Vaca, attributed to themselves a greater percentage of so-called nonjurisdictional gas than their proportionate share of the gas in the commingled stream.* Thus, here, as in Lo-Vaca, we need not and do not reach the issue of whether, "in spite of original commingling, there might be a separate so-called nonjurisdictional transaction of a precise amount of gas. . . ." 379 U.S. at 370.