SOUTH CAROLINA PUBLIC S. A. v. FEDERAL POWER COM'N

Nos. 5793, 5757.

170 F.2d 948 (1948)

SOUTH CAROLINA PUBLIC SERVICE AUTHORITY v. FEDERAL POWER COMMISSION (SOUTH CAROLINA ELECTRIC & GAS CO., Intervener). SOUTH CAROLINA PUBLIC SERVICE AUTHORITY v. SECURITIES AND EXCHANGE COMMISSION (COMMONWEALTH & SOUTHERN CORPORATION, Intervener).

United States Court of Appeals Fourth Circuit.

November 10, 1948.


Attorney(s) appearing for the Case

Wm. S. Youngman, Jr., of Washington, D. C. (Duncan C. Lee, of New York City, John W. Scott, of Washington, D. C., and R. M. Jefferies, of Walterboro, S. C., on the brief), for petitioner.

Roger S. Foster, Gen. Counsel, Securities and Exchange Commission, of Washington, D. C. (Harry G. Slater, Chief Counsel, Division of Public Utilities, Myron Isaacs, Sp. Counsel, and Sidney Shemel, Harold Sweetwood, and Alfred Hill, Attys., Securities and Exchange Commission, all of Washington, D. C., on the brief), for respondent Securities & Exchange Commission.

George Roberts, of New York City (Winthrop, Stimson, Putnam & Roberts, of New York City, Hunton, Williams, Anderson, Gay & Moore, of Richmond, Va., Hayden N. Smith, of New York City, T. Justin Moore and John W. Riely, both of Richmond, Va., on the brief), for Commonwealth & Southern Corporation, intervener.

Leonard Eesley, Atty., Federal Power Commission, of Washington, D. C. (Bradford Ross, Gen. Counsel, Howard E. Wahrenbrock, Asst. Gen. Counsel, Louis W. McKernan, Francis R. Bell, and Francis L. Hall, Attys., Federal Power Commission, all of Washington, D. C., on the brief), for respondent Federal Power Commission.

J. B. S. Lyles, of Columbia, S. C. (W. C. McLain, of Columbia, S. C., on the brief), for South Carolina Electric & Gas Co., intervener.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

These are petitions to review decisions of the Securities and Exchange Commission and the Federal Power Commission approving respectively the sale by the Commonwealth and Southern Company and the purchase by the South Carolina Electric and Gas Company of all the common stock (800,000 shares) of the South Carolina Power Company. Commonwealth and Southern had been ordered by the S. E. C., under section 11(b) (1) of the Public Utility Holding Company...

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