CITY OF LAFAYETTE, LOUISIANA v. SECURITIES & EXCH. COM'N

Nos. 24764, 24963, 71-1041.

454 F.2d 941 (1971)

CITY OF LAFAYETTE, LOUISIANA, City of Plaquemine, Louisiana, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, Louisiana Power & Light Company, Intervenor. CITY OF LAFAYETTE, LOUISIANA, City of Plaquemine, Louisiana, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Gulf States Utilities Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 12, 1971.

Petition for Rehearing Denied December 15, 1971.


Attorney(s) appearing for the Case

Mr. Robert C. McDiarmid, Washington, D. C., with whom Mr. George Spiegel, Washington, D. C., was on the brief, for petitioners in Nos. 24,764 and 24,963.

Mr. George Spiegel, Washington, D. C., with whom Mr. Robert C. McDiarmid, Washington, D. C., was on the brief, for petitioners in No. 71-1041.

Mr. David Ferber, Solicitor, Securities and Exchange Commission, with whom Mr. Philip A. Loomis, Jr., Gen. Counsel, Securities and Exchange Commission, was on the brief, for respondent in Nos. 24,764 and 24,963. Messrs. Richard E. Nathan, Special Counsel, and Stuart A. Morse, Attys. Securities and Exchange Commission, also entered appearances for respondent in Nos. 24,-764 and 24,963.

Mr. Gordon Gooch, Gen. Counsel, Federal Power Commission, with whom Messrs. J. Richard Tiano, Asst. Solicitor, Federal Power Commission, and Leonard D. Eesley, Asst. Gen. Counsel, Federal Power Commission, were on the brief, for respondent in No. 71-1041.

Mr. Melvin I. Schwartzman, New Orleans, La., with whom Messrs. Charles A. Read, New York City, and Richard M. Merriman, Washington, D. C., were on the brief, for intervenor in Nos. 24,-764 and 24,963. Mr. Charles King Mallory, III, also entered an appearance for intervenor in Nos. 24,764 and 24,963.

Mr. John E. Holtzinger, Jr., Washington, D. C., with whom Mr. B. H. Hughes, was on the brief, for intervenor in No. 71-1041.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.


Petition for Rehearing Denied in No. 71-1041 December 15, 1971.

LEVENTHAL, Circuit Judge:

The Cities of Lafayette and Plaquemine, Louisiana ("Cities") petition this court to review orders of the Federal Power Commission and the Securities and Exchange Commission which approved applications, presented to the Securities and Exchange Commission by Louisiana Power and Light Company ("LP&L"), and to the Federal Power Commission by Gulf States Utilities Company...

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