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ALABAMA POWER CO. v. FEDERAL POWER COMMISSION

No. 7853.

128 F.2d 280 (1942)

ALABAMA POWER CO. v. FEDERAL POWER COMMISSION.

United States Court of Appeals for the District of Columbia.

Decided March 30, 1942.

Attorney(s) appearing for the Case

Messrs. P. W. Turner and Walter Bouldin, both of Birmingham, Ala., with whom Messrs. H. Cecil Kilpatrick, of Washington, D. C., and William M. Moloney, of Birmingham, Ala., were on the brief, for petitioner.

Messrs. Wallace H. Walker, Assistant General Counsel, and Charles V. Shannon, both of the Federal Power Commission, with whom Messrs. William S. Youngman, Jr., General Counsel, and Stanley M. Morley, both of the Federal Power Commission, were on the brief, all of Washington, D. C., for respondent.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

MILLER, Associate Justice.

In 1921, the Federal Power Commission issued to the Alabama Power Company a license authorizing the construction of a hydroelectric project on the Coosa River, a navigable stream in the State of Alabama. Upon completion of the project the Company filed with the Commission, in 1930, a cost statement claiming $10,646,056.76 as the total cost of the project. After audit, hearings, and reconsideration following application for rehearing, the...

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