CITY OF DETROIT, MICHIGAN v. FEDERAL POWER COM'N

Nos. 12351, 12359.

230 F.2d 810 (1955)

CITY OF DETROIT, MICHIGAN, a Municipal Corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Intervenor. COUNTY OF WAYNE, MICHIGAN, a Municipal Corporation and Body Politic, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 15, 1955.

Petition for Rehearing Denied February 28, 1956.


Attorney(s) appearing for the Case

Mr. Charles S. Rhyne, Washington, D. C., with whom Messrs. James H. Lee, Asst. Corp. Counsel, Public Utilities, City of Detroit, Detroit, Mich., Eugene F. Mullin, Jr., and J. Parker Connor, Washington, D. C., were on the brief, for petitioner in No. 12351.

Mr. Leonard Simons, Detroit, Mich., of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of Court, with whom Mr. Harry A. Bowen, Washington, D. C., was on the brief, for petitioner in No. 12359.

Mr. Willard W. Gatchell, General Counsel, Federal Power Commission, and Mr. Jacob Goldberg, Atty., Federal Power Commission, of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of Court, with whom Mr. Lambert McAllister, Asst. General Counsel, Federal Power Commission, was on the brief, for respondent in both cases.

Messrs. William E. Miller and Harry S. Littman, Washington, D. C., for intervenor in both cases. Mr. Raymond N. Shibley, Washington, D. C., also entered an appearance for intervenor in both cases.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.


FAHY, Circuit Judge.

The City of Detroit, in No. 12351, and the County of Wayne, Michigan, in No. 12359, petition us to review and set aside orders of the Federal Power Commission issued April 15, 1954, and June 7, 1954.1 Panhandle Eastern Pipe Line Company is an intervenor in both cases. This court consolidated the two cases by an order of October 1, 1954. The Commission's order of April 15,...

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