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GEORGIA POWER CO. v. FEDERAL POWER COMMISSION

No. 11104.

152 F.2d 908 (1946)

GEORGIA POWER CO. v. FEDERAL POWER COMMISSION.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 2, 1946.

Attorney(s) appearing for the Case

Dan MacDougald and P. S. Arkwright, Jr., both of Atlanta, Ga., and Wallace Miller, of Macon, Ga., for petitioner.

Louis W. McKernan and Howard E. Wahrenbrock, Asst. Gen. Counsel, Federal Power Commission, of Washington, D. C. (Willard W. Gatchell, of counsel), for respondent.

Eugene Cook, Atty. Gen. of Georgia, for amicus curiae.

Before HOLMES, McCORD, and LEE, Circuit Judges.

LEE, Circuit Judge.

The Georgia Power Company, proposing to construct a hydro-electric power plant at a dam to be built by it on the Oconee River in Georgia, filed a declaration of intention with the Federal Power Commission as required by the Federal Power Act, 16 U.S.C.A. 817. Acting thereon, the Commission held public hearings in Washington and Atlanta to determine whether the interests of interstate and foreign commerce would be affected by the proposed project...

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