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APPALACHIAN ELECTRIC POWER CO. v. SMITH

No. 3500.

67 F.2d 451 (1933)

APPALACHIAN ELECTRIC POWER CO. v. SMITH et al.

Circuit Court of Appeals, Fourth Circuit.

Rehearing Denied November 18, 1933.

Attorney(s) appearing for the Case

Raymond T. Jackson and Newton D. Baker, both of Cleveland, Ohio (John L. Abbot, of Lynchburg, Va., John S. Draper, of Pulaski, Va., and A. Henry Mosle, Creswell M. Micou and Fraser M. Horn, all of New York City, on the brief), for appellant.

R. Gray Williams, Sp. Counsel, of Winchester, Va. (John R. Saunders, Atty. Gen. of Virginia, on the brief), for the Commonwealth of Virginia, as amicus curiæ.

Huston Thompson, Sp. Asst. to Atty. Gen., Seth W. Richardson, Asst. Atty. Gen., and Willard W. Gatchell, Atty., Federal Power Commission, of Washington, D. C. (Homer Cummings, Atty. Gen., Oswald Ryan, Gen. Counsel, Federal Power Commission, and James F. Lawson, Asst. Gen. Counsel, Federal Power Commission, both of Washington, D. C., and Joseph C. Shaffer, U. S. Atty., of Wytheville, Va., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in a suit instituted by the Appalachian Electric Power Company, as plaintiff, against George Otis Smith, Frank R. McNinch, Ralph B. Williamson, Marcel Garsaud, and Claude L. Draper, as defendants, who were at the time members of the Federal Power Commission. They were sued, however, not in their official capacity, but as individuals; and, upon the return of process, they moved to quash the service thereof [(D. C.)

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