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STATE OF IOWA v. FEDERAL POWER COMMISSION

No. 13882.

178 F.2d 421 (1949)

STATE OF IOWA et al. v. FEDERAL POWER COMMISSION (FIRST IOWA HYDRO-ELECTRIC COOP., Intervener).

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 20, 1950.

Attorney(s) appearing for the Case

Neill Garrett, Special Assistant Attorney General of Iowa (Robert L. Larson, Attorney General of Iowa, and Robert Brooke were with him on the brief), for petitioners.

Willard W. Gatchell, Assistant General Counsel, Federal Power Commission, Washington, D. C. (Bradford Ross, General Counsel, Federal Power Commission, Louis W. McKernan and John C. Mason, Washington, D. C., were with him on the brief), for respondent.

Vernon L. Wilkinson, Washington, D. C. (Andrew G. Haley, Mr. James A. McKenna, Jr., and David W. Robinson, Jr., Washington, D. C. were with him on the brief), for intervener-respondent.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

SANBORN, Circuit Judge.

The petitioners (who will be referred to as "the State of Iowa") have, pursuant to § 313(b) of the Federal Power Act, 49 Stat. 838, 16 U.S.C.A. § 791a et seq., asked this Court to review and set aside orders of the Federal Power Commission granting to the First Iowa Hydro-Electric Cooperative (hereinafter referred to as "the applicant") a license to construct a hydro-electric project in the Cedar River, which flows through Iowa. The...

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