ARKANSAS POWER & LIGHT CO. v. FEDERAL POWER COM'N

No. 9125.

156 F.2d 821 (1946)

ARKANSAS POWER & LIGHT CO. v. FEDERAL POWER COMMISSION et al.

United States Court of Appeals District of Columbia.

Decided June 28, 1946.

Writ of Certiorari Granted October 28, 1946.


Attorney(s) appearing for the Case

Messrs. P. A. Lasley, of Little Rock, Ark., and A. J. G. Priest, of New York City, pro hac vice, by special leave of Court, with whom Mrs. Virginia C. Duncombe, of Washington, D. C., was on the brief, for appellant. Mr. Spencer Gordon, of Washington, D. C., also entered an appearance for appellant.

Mr. Cleveland Holland, Assistant Attorney General of the State of Arkansas, pro hac vice, by special leave of Court, with whom Mr. H. Cecil Kilpatrick, of Washington, D. C., was on the brief, for the State of Arkansas as amicus curiae, urging reversal.

Mr. Lambert McAllister, Special Counsel, Federal Power Commission, of Washington, D. C., with whom Mr. Howell Purdue, Senior Attorney, of Washington, D. C., was on the brief, for appellee Federal Power Commission. Messrs. Howard E. Wahrenbrock, Assistant General Counsel, and Louis W. McKernan, Principal Attorney, Federal Power Commission, both of Washington, D. C., entered appearances for appellee Federal Power Commission.

Before CLARK and WILBUR K. MILLER, Associate Justices, and JAMES W. MORRIS, District Judge.


Writ of Certiorari Granted October 28, 1946. See 67 S.Ct. 128.

WILBUR K. MILLER, Associate Justice.

This appeal may be summarized as a request for the answer to a single question: Is the Arkansas Power & Light Company entitled, in a suit for a declaratory judgment, to a judicial determination as to whether the Federal Power Commission or the Arkansas Public Service Commission has exclusive regulatory control over its official corporate accounting records...

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