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NIAGARA MOHAWK POWER CORP. v. FEDERAL POWER COM'N

No. 11668.

209 F.2d 814 (1954)

NIAGARA MOHAWK POWER CORP. v. FEDERAL POWER COMMISSION.

United States Court of Appeals District of Columbia Circuit.

Decided January 21, 1954.

Attorney(s) appearing for the Case

Mr. Lauman Martin, New York City, for appellant.

Mr. Howard E. Wahrenbrock, Asst. General Counsel, Federal Power Commission, Washington, D. C., with whom Mr. Theodore French, Attorney, Federal Power Commission, Washington, D. C., was on the brief, for appellee. Mr. Bradford Ross, General Counsel, Federal Power Commission, Washington, D. C., at time brief was filed, also was on the brief for appellee.

Before WILBUR K. MILLER, PRETTYMAN and WASHINGTON, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

For many years before and after it became the licensee of Project 16 at Niagara Falls, under the Federal Power Act, 16 U.S.C.A. § 791a et seq., Niagara Falls Power Company was obligated to furnish to the Aluminum Company of America mechanical power which the latter used in generating direct current electricity to operate an aluminum reduction plant. The obligation arose from a series of five contracts entered into by the two companies...

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