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WISCONSIN PUBLIC SERVICE CORP. v. FEDERAL POWER COM'N

Nos. 8427-8463.

147 F.2d 743 (1945)

WISCONSIN PUBLIC SERVICE CORPORATION et al. v. FEDERAL POWER COMMISSION.

Circuit Court of Appeals, Seventh Circuit.

February 26, 1945.

Attorney(s) appearing for the Case

Bert Vandervelde, of Milwaukee, Wis., Fred W. Genrich, of Wausau, Wisconsin, and John E. Martin, H. T. Ferguson, and Adolph Kanneberg, Asst. Attys. Gen., of Wisconsin (Miller, Mack & Fairchild, of Milwaukee, Wis., of counsel), for petitioners.

Charles V. Shannon, Gen. Counsel, Howard E. Wahrenbrock, Asst. General Counsel, and Willard W. Gatchell and Louis W. McKernan, Principal Attys., Federal Power Commission, all of Washington, D. C., for respondent.

Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.

KERNER, Circuit Judge.

Petitioners, under § 313(b) of the Federal Power Act, 16 U.S.C.A. § 825l(b), seek to set aside an order of the Federal Power Commission, requiring Wisconsin Public Service Corporation1 to apply for a license to maintain and operate a hydroelectric project on the Wisconsin River at Tomahawk in the State of Wisconsin.

The record discloses that the construction of a rock-filled timber crib dam...

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