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CITY OF NORTH MIAMI BEACH, FLA. v. FEDERAL WATER & GAS CORPORATION

No. 11469.

151 F.2d 420 (1945)

CITY OF NORTH MIAMI BEACH, FLA., v. FEDERAL WATER & GAS CORPORATION et al.

Circuit Court of Appeals, Fifth Circuit.

October 15, 1945.

Attorney(s) appearing for the Case

Ernest E. Roberts, of Miami, Fla., and Julian E. Ross, of Fort Lauderdale, Fla., for petitioner.

Allen S. Hubbard, of New York City, and Forney Johnston, of Birmingham, Ala., for Federal Water & Gas Corporation.

Roger S. Foster, Sol., Securities & Exchange Commission, Harry G. Slater, Sp. Counsel, Securities and Exchange Commission, and Robert N. Hislop, Atty., Securities and Exchange Commission, all of Philadelphia, Pa., for Securities & Exchange Commission.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Claiming under Section 24(a) of the Public Utility Holding Company Act of 1935, 15 U.S.C.A. § 79x(a) (The Act) to be aggrieved by an order of the Commission which approved Federal Water & Gas Corporation's declaration as to the sale proposed by it and granted it a Rule U-50 exception, petitioner comes here seeking to set the order aside and to obtain directions requiring competitive bidding. In connection with its petition and as...

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