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APPALACHIAN ELECTRIC POWER CO. v. FEDERAL POWER COM'N

No. 6835.

218 F.2d 773 (1955)

APPALACHIAN ELECTRIC POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 5, 1955.

Attorney(s) appearing for the Case

Raymond T. Jackson, Cleveland, Ohio (Alexander H. Hadden and Herbert B. Cohn, Cleveland, Ohio, on brief), for petitioner.

Howard E. Wahrenbrock, Asst. Gen. Counsel, Federal Power Commission, Washington, D. C. (Willard W. Gatchell, General Counsel, Theodore French, Washington, D. C., and Mary E. Burke, Attorneys, Federal Power Commission, on brief), for respondent.

Before PARKER, Chief Judge, DOBIE, Circuit Judge, and THOMSEN, District Judge.

PARKER, Chief Judge.

This is a petition to review and set aside an order of the Federal Power Commission which directed the Appalachian Electric Power Company to eliminate items aggregating $524,002.47, representing litigation expense, from a statement of legitimate original cost, filed under section 4(b) of the Federal Power Act, 16 U.S.C.A. § 797(b). The statement, which contained items aggregating $10,229,708.74, represented expenditures

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