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NIAGARA FALLS POWER CO. v. FEDERAL POWER COMMISSION

No. 293.

137 F.2d 787 (1943)

NIAGARA FALLS POWER CO. v. FEDERAL POWER COMMISSION.

Circuit Court of Appeals, Second Circuit.

July 29, 1943.

Attorney(s) appearing for the Case

Joseph M. Proskauer and LeBoeuf & Lamb, all of New York City (Randall J. LeBoeuf, Jr., of New York City, Warren Tubbs, of Buffalo, N. Y., and Lauman Martin and J. Alvin Van Bergh, both of New York City, of counsel), for petitioner.

Charles V. Shannon, General Counsel, Louis W. McKernan, Principal Atty., and Stanley M. Morley, Atty., all of Washington, D. C., for respondent.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The petitioner seeks to set aside two orders of the Federal Power Commission by petition filed under § 313(b) of the Federal Power Act 16 U.S.C.A. § 825l(b): the first order, entered on June 9th, 1942, ordering the petitioner to reduce its capitalization to $24,680,680.22; "the actual legitimate original cost" of its properties on March 2, 1921, exclusive of some items not here in question: the second order vacating a stay...

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