UNITED STATES v. FEDERAL POWER COMMISSION

Nos. 6273, 6274.

191 F.2d 796 (1951)

UNITED STATES ex rel. CHAPMAN, Secretary of the Interior v. FEDERAL POWER COMMISSION et al. VIRGINIA REA ASS'N et al. v. FEDERAL POWER COMMISSION et al.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1951.


Attorney(s) appearing for the Case

Gregory Hankin, Counsel, Department of the Interior, Washington, D. C. (Jesse L. Ballard, Southwestern Power Administration, Tulsa, Okl., Curtis H. Bell, Southeastern Power Administration, Elberton, Ga., and Milton C. Mapes, Jr., Portland, Or., Bonneville Power Administration, on the brief), for petitioner United States et al.

Robert Whitehead, Lovingston, Va. (Whitehead & Marshall, Lovingston, Va. on the brief), for petitioners Virginia REA Assn. et al.

Bradford Ross, Gen. Counsel, and Willard W. Gatchell, Asst. Gen. Counsel, Federal Power Commission, Washington, D. C. (Howard E. Wahrenbrock, Asst. General Counsel, and Sherman S. Poland, Washington, D. C., and Harry R. VanCleve, Jr., Los Angeles, Cal., on the brief), for Federal Power Commission, respondent.

T. Justin Moore, Richmond, Va. (Patrick A. Gibson, Washington, D. C., and Hunton, Williams, Anderson, Gay & Moore, Richmond, Va., on the brief), for Virginia Electric & Power Co., respondent.

Charles F. Rouse, Raleigh, N. C., and David W. Robinson, Washington, D. C., on the brief for Carolina Power & Light Co., Intervener.

Herbert B. Cohn, New York City, on the brief for Appalachian Electric Power Co., Intervener.

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


PARKER, Chief Judge.

These are petitions by the Secretary of the Interior and a cooperative association engaged in supplying electricity to its members, asking that we review and set aside an order of the Federal Power Commission granting a license to the Virginia Electric and Power Company to construct a dam at Roanoke Rapids, North Carolina, some distance down the Roanoke River from the government project at Buggs Island. Petitioners contend that the Roanoke Rapids...

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