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CONSOLIDATED GAS E. L. & P. CO. v. PENNSYLVANIA W. & P. CO.

No. 6315.

194 F.2d 89 (1952)

CONSOLIDATED GAS ELECTRIC LIGHT & POWER CO. OF BALTIMORE et al. v. PENNSYLVANIA WATER & POWER CO. et al.

United States Court of Appeals Fourth Circuit.

Decided January 3, 1952.

Attorney(s) appearing for the Case

John Henry Lewin and Harry N. Baetjer, Baltimore, Md. (Alfred P. Ramsey, G. Kenneth Reiblich, and Norwood B. Orrick, all of Baltimore, Md., and Sullivan & Cromwell, New York City, on the brief), for appellant Consolidated Gas Electric Light and Power Co.

Charles D. Harris, Baltimore, Md., for appellant Public Service Commission of Maryland.

Howard E. Wahrenbrock, Asst. General Counsel, Washington, D. C. (Bradford Ross, General Counsel, Reuben Goldberg and Theodore French, Attorneys, Federal Power Commission, all of Washington, D. C., on the brief), for Federal Power Commission, Intervener.

Wilkie Bushby, New York City (James Piper and R. Dorsey Watkins, Baltimore, Md., on the brief), for appellee Pennsylvania Water & Power Company.

William J. Grove, Asst. Counsel, Harrisburg, Pa. (Lloyd Benjamin, Acting Counsel, Pennsylvania Public Utility Commission, Harrisburg, Pa., on the brief), for appellee Pennsylvania Public Utility Commission.

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

SOPER, Circuit Judge.

This appeal is taken from a declaratory judgment holding invalid an electric power contract between three public utility companies, that is, Safe Harbor Water Power Corporation, a Pennsylvania corporation, Consolidated Gas Electric Light & Power Company of Baltimore, a Maryland corporation, and Pennsylvania Water and Power Company, a Pennsylvania corporation. Three agreements dated June 1, 1931, August 1, 1932 and November 22, 1939 respectively...

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