NORTHWESTERN ELECTRIC CO. v. FEDERAL POWER COM'N

No. 10161.

134 F.2d 740 (1943)

NORTHWESTERN ELECTRIC CO. et al. v. FEDERAL POWER COMMISSION.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 22, 1943.


Attorney(s) appearing for the Case

John A. Laing and Henry S. Gray, both of Portland, Or., and A. J. G. Priest and Sidman I. Barber, both of New York City (Laing, Gray & Smith, of Portland, Or., and Reid & Priest, of New York City, of counsel), for petitioner Northwestern Electric Co.

A. J. G. Priest and Sidman I. Barber, both of New York City (White & Case and Reid & Priest, all of New York City, of counsel), for petitioner American Power & Light Co.

Charles V. Shannon, Gen. Counsel, George Slaff, and Reuben Goldberg, Attys., and Robert L. Russell, Associate Atty., Federal Power Commission, all of Washington, D. C., for respondent.

I. H. Van Winkle, Atty. Gen., State of Oregon, Willis S. Moore, First Asst. Atty. Gen., Or., and Alvin A. Kurtz, Gen. Counsel, Public Utilities Commission, of Salem, for Public Utilities Com'r of Oregon, amicus curiae.

Smith Troy, Atty. Gen., State of Washington, Fred E. Lewis, Chief Asst. Atty. Gen., and Harry A. Bowen, Asst. Atty. Gen., for Department of Public Service of Washington, amicus curiae.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HANEY, Circuit Judge.

This is the second chapter of the story of a controversy between Northwestern Electric Company, petitioner, and the Federal Power Commission. We first considered the conflict in Northwestern Electric Co. v. Federal Power Comm., 9 Cir., 125 F.2d 882. As there stated the Federal Power Act authorizes the Commission to prescribe a system of accounts. On the first review we sustained the power of the Commission to...

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