STATE OF OREGON v. FEDERAL POWER COMMISSION

No. 13345.

211 F.2d 347 (1954)

STATE OF OREGON et al. v. FEDERAL POWER COMMISSION et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 28, 1954.


Attorney(s) appearing for the Case

Robert Y. Thornton, Atty. Gen., State of Ore., E. G. Foxley, Deputy Atty. Gen., Arthur G. Higgs, Asst. Atty. Gen., for appellant.

Willard W. Gatchell, General Counsel, Howard E. Wahrenbrock, Asst. Gen. Counsel, John C. Mason, Attorney, Federal Power Commission, Washington, D. C., for appellee.

Phillips, Coughlin, Buell & Phillips, Clarence D. Phillips, Portland, Ore., for intervenor.

Rollin E. Bowles, Carl D. Etling, Portland, Ore., amici curiæ.

Before STEPHENS, HEALY and ORR, Circuit Judges.


STEPHENS, Circuit Judge.

The Portland General Electric Company, an Oregon non-governmental public utility corporation, applied for and has been granted a license1 by the Federal Power Commission to construct, operate and maintain a hydro-electric plant known as the Pelton Project, numbered 2030, on the Deschutes River2 in Oregon. The Project is to be located downstream...

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