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LUENING v. PUBLIC SERVICE COMM.

261 Wis. 516 (1952)

LUENING and another, Appellants, vs. PUBLIC SERVICE COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

May 6, 1952.

Attorney(s) appearing for the Case

Roman H. Papka of Milwaukee, for the appellants Fred W. Luening and Milwaukee County Conservation Alliance.

For the appellant state of Wisconsin there was a brief by the Attorney General and Roy G. Tulane, assistant attorney general, and oral argument by Mr. Tulane.

For the respondent Winter Electric Light & Power Company there was a brief by Glen H. Bell and Charles P. Seibold, both of Madison, and Douglas & Omernik of Spooner, and oral argument by Mr. Bell, Mr. Seibold, and Mr. E. E. Omernik.

William E. Torkelson, chief counsel, for the respondent Public Service Commission.

CURRIE, J.

As conceded by all parties this appeal does not concern the merits of the controversy, but only procedure. The questions raised as to procedure are the same as those in Muench v. Public Service Comm., ante, p. 492, 53 N.W.2d 514, and are ruled by our decision in that case.

With respect to the motion to dismiss, the Federal Power Act, 16 USCA, p. 586, sec. 797 (e), provides as follows:

"(e) To issue licenses to citizens of the...

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