CAROLINA ALUMINUM CO. v. FEDERAL POWER COMMISSION

No. 4318.

97 F.2d 435 (1938)

CAROLINA ALUMINUM CO. v. FEDERAL POWER COMMISSION.

Circuit Court of Appeals, Fourth Circuit.

June 6, 1938.


Attorney(s) appearing for the Case

Randall J. LeBoeuf, Jr., of New York City (LeBoeuf, Machold & Lamb, of New York City, Smith, Buchanan & Ingersoll, of Pittsburgh, Pa., William M. Hendren, of Winston-Salem, N. C., J. C. B. Ehringhaus, of Raleigh, N. C., and Frank B. Ingersoll, of Pittsburgh, Pa., on the brief), for petitioner.

Oswald Ryan, Gen. Counsel, and Willard W. Gatchell, Principal Atty., Federal Power Commission, both of Washington, D. C. (William C. Koplovitz, Howard E. Wahrenbrock, and Gregory Hankin, all of Washington, D. C., on the brief), for respondent.

Harry McMullan, Asst. Atty. Gen. of North Carolina (A. A. F. Seawell, Atty. Gen. of North Carolina, on the brief), and J. M. Daniel, Atty. Gen. of South Carolina, amici curiæ.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PARKER, Circuit Judge.

This is a petition to review and set aside a finding of the Federal Power Commission to the effect that interstate or foreign commerce would be affected by the proposed construction by petitioner of a hydroelectric power project on the Yadkin River near Tuckertown, North Carolina. On May 29, 1937, petitioner filed with the Commission a declaration of intention to construct the project. A hearing was thereupon held by the Commission and much...

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