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UNITED STATES v. APPALACHIAN ELECTRIC POWER CO.

No. 4460.

107 F.2d 769 (1939)

UNITED STATES v. APPALACHIAN ELECTRIC POWER CO.

Circuit Court of Appeals, Fourth Circuit.

November 6, 1939.

Attorney(s) appearing for the Case

John W. Aiken, Sp. Ass't to Atty. Gen., David W. Robinson, Jr., Gen. Counsel, Federal Power Commission, of Columbia, S. C., and Gregory Hankin, Sp. Counsel, Federal Power Commission, of Washington D. C. (Richard J. Connor, Ass't Gen. Counsel, Willard W. Gatchell, Principal Atty., and Howard E. Wahrenbrock, Senior Atty., Federal Power Commission, all of Washington, D. C., on the brief), for appellant.

Raymond T. Jackson, of Cleveland, Ohio, Wendell W. Forbes, of New York City, and John L. Abbot, of Lynchburg, Va. (M. F. Millikan, A. Henry Mosle, Creswell M. Micou, Fraser M. Horn, and M. W. Belcher, Jr., all of New York City, on the brief), for appellee.

Clarence W. Meadows, Atty. Gen. of West Virginia, and Abram P. Staples, Atty. Gen. of Virginia, amici curiæ.

Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.

CHESNUT, District Judge.

The question for decision is whether the Appalachian Electric Power Company, a Virginia corporation (the defendant below and the appellee here) should be enjoined from the construction of a hydro-electric power dam in the New River at Radford, Virginia. To obtain this injunction the United States filed its complaint on May 6, 1935, in the District Court of the United States for the Western District of Virginia, in which it charged that the...

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