DUKE POWER CO. v. GREENWOOD COUNTY

No. 4209.

91 F.2d 665 (1937)

DUKE POWER CO. et al. v. GREENWOOD COUNTY et al.

Circuit Court of Appeals, Fourth Circuit.

August 6, 1937.


Attorney(s) appearing for the Case

W. S. O'B. Robinson, Jr., of Charlotte, N. C., and Raymond T. Jackson, of Cleveland, Ohio (Newton D. Baker, of Cleveland, Ohio, W. R. Perkins, of New York City, H. J. Haynsworth, of Greenville, S. C., and J. H. Marion and W. B. McGuire, Jr., both of Charlotte, N. C., on the brief), for appellants and cross-appellees.

W. H. Nicholson, of Greenwood, S. C., and D. W. Robinson, Jr., of Columbia, S. C. (R. F. Davis, of Greenwood, S. C., and Jas. F. Dreher, of Lexington, S. C., on the brief), for appellees and cross-appellants Greenwood County and its Finance Board.

Jerome N. Frank, Legal Counsel, Federal Emergency Administration of Public Works, of New York City, and Enoch E. Ellison, Atty., Department of Justice, of Washington, D. C. (James W. Morris, Asst. Atty. Gen., Paul Freund, Sp. Asst. to Atty. Gen., E. H. Foley, Jr., Gen. Counsel, Robert E. Sher, Asst. Legal Counsel, and William J. Dempsey, Sp. Counsel, Federal Emergency Administration of Public Works, all of Washington, D. C., on the brief), for appellee and cross-appellant Harold L. Ickes, Federal Emergency Administrator of Public Works.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PARKER, Circuit Judge.

This is the third time that we have had before us the suit of the Duke Power Company and its subsidiary, the Southern Public Utilities Company, to enjoin the construction by Greenwood County, S. C., of a power dam at Buzzard Roost Falls on the Saluda River and to enjoin Harold L. Ickes, the Federal Administrator of Public Works, from making a loan and grant of $2,852,000 to the county under the provisions of title 2 of the National Industrial...

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