UNITED STATES v. PUBLIC UTILITIES COMMISSION

No. 8995.

151 F.2d 609 (1945)

UNITED STATES v. PUBLIC UTILITIES COMMISSION OF DISTRICT OF COLUMBIA et al.

United States Court of Appeals District of Columbia.

Decided September 24, 1945.


Attorney(s) appearing for the Case

Mr. S. R. Bowen, of Washington, D.C., with whom Messrs. H. W. Kelly and Wm. K. Laws, both of Washington, D. C., were on the brief, for appellee, Potomac Electric Power Company. Mr. Robert E. Lee Goff, of Washington, D. C., also entered an appearance for appellee, Potomac Electric Power Company.

Mr. Marvin C. Taylor, of Boston, Mass., of the Bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of Court, with whom Assistant Attorney General, Francis M. Shea, and Messrs. Edward M. Curran, United States Attorney, of Washington, D. C., and Arnold Levy, Special Assistant to the Attorney General, were on the brief, for appellant.

Messrs. Richmond B. Keech, Corporation Counsel, District of Columbia, and Lloyd B. Harrison, Assistant Corporation Counsel, both of Washington, D. C., entered appearances for appellee, Public Utilities Commission of the District of Columbia.

Mr. James W. Lauderdale, People's Counsel, of Washington, D. C., also entered his appearance.

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


MILLER, Associate Justice.

The United States is seeking, in this case, to establish its right to appeal — as a person or corporation affected — from an order of one of its own lesser creatures, an administrative agency. In doing so, it faces a handicap which has been built up, largely at its own insistence, in many decisions which have denied such rights1 to private persons and corporations, or which have so severely limited...

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