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STATE OF NORTH DAKOTA v. FEDERAL POWER COMMISSION

No. 15669.

247 F.2d 173 (1957)

STATE OF NORTH DAKOTA and Public Service Commission of North Dakota, Petitioners, v. FEDERAL POWER COMMISSION, Amerada Petroleum Corporation, Signal Oil and Gas Company and Montana-Dakota Utilities Company, Respondents.

United States Court of Appeals Eighth Circuit.

August 6, 1957.

Attorney(s) appearing for the Case

Charles L. Murphy, Bismarck, N. D. (Francis Murphy, Fargo, N. D., was with him on the brief), for petitioners.

Robert L. Russell, Atty., F. P. C., Washington, D. C. (Willard W. Gatchell, Gen. Counsel, Howard E. Wahrenbrock, Asst. Gen. Counsel, and William L. Ellis, Atty., F. P. C., Washington, D. C., were with him on the brief), for respondent Federal Power Commission.

Robert E. May, Washington, D. C. (Robert J. Stanton and James C. McWilliams, Tulsa, Okl., and Wheat, May & Shannon, Washington, D. C., were with him on the brief for Amerada Petroleum Corp. and Justin R. Wolf and Charles A. Case, Jr., Washington, D. C., and A. E. Stebbings, Los Angeles, Cal., submitted brief for Signal Oil & Gas Co.), for respondents Amerada Petroleum Corp. and Signal Oil & Gas Co.

Earl H. A. Isensee, Minneapolis, Minn., for respondent Montana-Dakota Utilities Co.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.

VOGEL, Circuit Judge.

The State of North Dakota and the Public Service Commission of North Dakota, petitioners herein, ask, pursuant to 15 U.S.C.A. § 717r, that this court review and modify or set aside in whole or in part an order of the Federal Power Commission, hereinafter referred to as the FPC, dated July 2, 1956, on which rehearing was denied August 20, 1956, wherein certain certificates of public convenience and necessity were issued to Montana-Dakota...

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