McKAY v. CENTRAL ELECTRIC POWER COOPERATIVE

No. 12307.

223 F.2d 623 (1955)

Douglas McKAY, Secretary of the Interior, and Douglas G. Wright, Administrator of the Southwestern Power Administration, Appellants, v. CENTRAL ELECTRIC POWER COOPERATIVE, a corporation, Linn, Missouri, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 7, 1955.


Attorney(s) appearing for the Case

Mr. Melvin Richter, Atty., Department of Justice, of the bar of the Supreme Court of Massachusetts, pro hac vice, by special leave of Court, with whom Messrs. Leo A. Rover, U. S. Atty., Paul A. Sweeney and Theodore H. Haas, Attys., Department of Justice, were on the brief, for appellants.

Mr. Gregory C. Stockard, Jefferson, Mo., of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of Court, with whom Mr. Lawrence Potamkin, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, BAZELON and BASTIAN, Circuit Judges.


BAZELON, Circuit Judge.

In 1950, the appellee, Central Electric Power Cooperative (a rural electrification cooperative),1 entered into two contracts with the Government acting through the Southwestern Power Administration.2 The first contract provided that Central construct an electric transmission system and lease it for forty years to S.P.A. which would maintain and operate it. The second provided that S...

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