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KANSAS CITY POWER & LIGHT COMPANY v. McKAY

No. 12067.

225 F.2d 924 (1955)

KANSAS CITY POWER & LIGHT COMPANY et al., Appellants, v. Douglas McKAY, Secretary of the Interior, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 28, 1955.

Petition for Rehearing Denied June 3, 1955.

Certiorari Denied November 7, 1955.

Attorney(s) appearing for the Case

Mr. Raymond T. Jackson, Cleveland, Ohio, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, and Mr. Richard L. Arnold, Texarkana, Ark., with whom Messrs. E. Fontaine Broun and Henry T. Rathbun, Washington, D. C., were on the brief, for appellants.

Mr. Morton Liftin, of the bar of the Supreme Court of New York, pro hac vice, by special leave of Court, with whom Messrs. Leo A. Rover, U. S. Atty., Paul A. Sweeney, Atty., Dept. of Justice, and Theodore H. Haas, Atty., Dept. of the Interior, were on the brief, for appellees. Messrs. Lewis A. Carroll and Samuel L'Hommedieu, Jr., Asst. U. S. Attys., entered appearances for appellees.

Mr. William C. Wise, Washington, D. C., filed a brief on behalf of N. W. Electric Power Cooperative, Inc., et al., as amici curiae, urging affirmance.

Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.

Certiorari Denied November 7, 1955. See 76 S.Ct. 137.

WASHINGTON, Circuit Judge.

This case involves the question whether utility companies which claim they are in competition with a federally-supported power program can obtain the aid of the courts in challenging the validity of that program.

Plaintiffs-appellants, electric utility companies operating in Kansas, Missouri and Arkansas, ask for relief under the Declaratory Judgment Act, 28 U.S.C. §...

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