F. P. C. v. NIAGARA MOHAWK POWER CORP.

No. 28.

347 U.S. 239 (1954)

FEDERAL POWER COMMISSION v. NIAGARA MOHAWK POWER CORP.

Supreme Court of United States.

Decided March 15, 1954.


Attorney(s) appearing for the Case

Willard W. Gatchell argued the cause for petitioner. With him on the brief were Acting Solicitor General Stern, Assistant Attorney General Burger, Murray L. Schwartz, Paul A. Sweeney, Hubert H. Margolies, Herman Marcuse and Joseph B. Hobbs.

John W. Davis argued the cause for respondent. With him on the brief were Randall J. LeBoeuf, Jr., Lauman Martin, Taggart Whipple and Chauncey P. Williams, Jr.

Nathaniel L. Goldstein, Attorney General, field a brief for the State of New York, as amicus curiae, setting forth the views of the State of New York upon questions of title to water rights in the Niagara River.


MR. JUSTICE BURTON delivered the opinion of the Court.

The most significant issue raised by this case is whether the Federal Water Power Act of 19201 has abolished private proprietary rights, existing under state law, to use waters of a navigable stream for power purposes. We agree with the Court of Appeals that it has not. We agree also that in computing a federal licensee's amortization reserve...

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