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PENNSYLVANIA POWER & LIGHT CO. v. FEDERAL POWER COM'N

No. 8107.

139 F.2d 445 (1943)

PENNSYLVANIA POWER & LIGHT CO. v. FEDERAL POWER COMMISSION.

Circuit Court of Appeals, Third Circuit.

Decided December 7, 1943.

Rehearing Denied February 11, 1944.

Attorney(s) appearing for the Case

John F. MacLane, of New York City (Richard Hawkins and Simpson Thacher & Bartlett, all of New York City, and Thomas J. Perkins, E. G. Hauff, and C. J. Green, all of Allentown, Pa., on the brief), for petitioner.

Howard E. Wahrenbrock, of Washington, D. C. (Charles V. Shannon, Gen. Counsel, Louis W. McKernan, F. R. Bell, and Frederic M. P. Pearse, Jr., all of Washington, D. C., on the brief), for respondent Federal Power Commission.

Before MARIS and GOODRICH, Circuit Judges, and BARD, District Judge.

MARIS, Circuit Judge.

The Pennsylvania Power & Light Company constructed the Wallenpaupack Power Project in Pennsylvania under license issued by the Federal Power Commission by authority of the Federal Water Power Act, 41 Stat. 1063. The project was begun in 1924 and completed in 1926. Pursuant to Section 4(a) of the Federal Water Power Act, 41 Stat. 1065, to Article 17 of the license and to Regulation 20, Section 2, of the Federal Power Commission's Rules and...

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