FIRST IOWA HYDRO-ELECTRIC COOP. v. FEDERAL POWER COM'N

No. 8752.

151 F.2d 20 (1945)

FIRST IOWA HYDRO-ELECTRIC COOPERATIVE v. FEDERAL POWER COMMISSION (STATE OF IOWA, Intervener).

United States Court of Appeals. District of Columbia.

Decided August 13, 1945.


Attorney(s) appearing for the Case

Mr. George B. Porter, of Washington, D. C., with whom Mr. Andrew G. Haley, of Washington, D. C., was on the brief, for petitioner.

Mr. Howard E. Wahrenbrock, Assistant General Counsel, Federal Power Commission, of Washington, D. C., with whom Messrs. Charles V. Shannon, General Counsel, Willard W. Gatchell and L. W. McKernan, Principal Attorneys, Federal Power Commission, all of Washington, D. C., were on the brief, for respondent.

Mr. Neill Garrett, of Des Moines, Iowa, pro hac vice, by special leave of Court, with whom Messrs. John M. Rankin, of Des Moines, Iowa, and Horace L. Lohnes, of Washington, D. C., were on the brief, for intervenor, State of Iowa. Mr. C. Walter Harris, of Washington, D. C., also entered an appearance for State of Iowa.

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


MILLER, Associate Justice.

Petitioner applied to the Federal Power Commission for a license to construct a power project on Cedar River in the State of Iowa. The Commission dismissed the application for the reason that, "The applicant has not presented satisfactory evidence, pursuant to Section 9(b) of the Federal Power Act,1 of compliance with the requirements of applicable laws of the State of Iowa requiring a permit from the State Executive...

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