DAYTON POWER AND LIGHT CO. v. FEDERAL POWER COM'N

No. 13565.

251 F.2d 875 (1957)

The DAYTON POWER AND LIGHT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Ohio Fuel Gas Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 12, 1957.

Petition for Rehearing Denied January 10, 1958.


Attorney(s) appearing for the Case

Messrs. Julian de Bruyn Kops and Roy D. Boucher, Dayton, Ohio, for petitioner. Mr. Frederick C. Wellington, Dayton, Ohio, also entered an appearance for petitioner.

Mr. Howard E. Wahrenbrock, Solicitor, Federal Power Commission, with whom Messrs. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, and C. Louis Knight, Atty., Federal Power Commission, were on the brief, for respondent.

Mr. E. H. Laylin, Columbus, Ohio, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, with whom Mr. John Peyton Randolph, Washington, D. C., was on the brief, for intervenor.

Before WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges.


DANAHER, Circuit Judge.

The Dayton Power and Light Company became a party by intervention before the Commission and has sought review of the order under consideration. Both the Commission and intervenor have filed motions to dismiss Dayton's petition on the ground that Dayton had not made timely application for rehearing. The order was issued June 29, 1956. It is claimed that Dayton's application was not "filed" until August...

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