CAPITAL TRANSIT CO. v. PUBLIC UTILITIES COM'N

No. 11501.

213 F.2d 176 (1953)

CAPITAL TRANSIT CO. v. PUBLIC UTILITIES COMMISSION OF DISTRICT OF COLUMBIA et al.

United States Court of Appeals District of Columbia Circuit.

Order Amending Judgment Filed February 25, 1954.


Attorney(s) appearing for the Case

Mr. Samuel O. Clark, Jr., Washington, D. C., with whom Messrs. Edmund L. Jones, F. G. Awalt, W. V. T. Justis and F. Keith Kelly, Washington, D. C., were on the brief, for appellant.

Mr. Lloyd B. Harrison, Counsel for the Public Utilities Commission of the District of Columbia, with whom Mr. Vernon E. West, Corp. Counsel for the District of Columbia, was on the brief, for appellee Public Utilities Commission of the District of Columbia.

Mr. T. Justin Moore, Richmond, Va., with whom Messrs. George D. Gibson, Richmond, Va., James Francis Reilly and Cornelius Means, Washington, D. C., were on the brief, for appellee Potomac Electric Power Co. Messrs. H. W. Kelly and Thomas E. O'Dea, Washington, D. C., also entered appearances for appellee Potomac Electric Power Co.

Before STEPHENS, Chief Judge, and WILBUR K. MILLER and FAHY, Circuit Judges.


FAHY, Circuit Judge.

Proceedings were initiated in July 1950 before the Public Utilities Commission of the District of Columbia by the Potomac Electric Power Company for an increase in its rates. The Capital Transit Company, a customer, was permitted to intervene as an interested party.1 On February 12, 1951, the Commission made its order No. 3762, accompanied by an opinion. It concluded, inter alia, that a weighted rate base of...

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