Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 30, 1958.
Decided June 23, 1958.
Attorney(s) appearing for the Case
Northcutt Ely argued the cause for petitioner. With him on the brief were Marshall McCormick, Paul J. Nolan, Robert L. McCarty, C. Emerson Duncan, II, and Charles F. Wheatley, Jr.
By special leave of Court, 356 U.S. 916, Oscar H. Davis argued the cause for the United States and the Federal Power Commission, as amici curiae, urging reversal. Solicitor General Rankin, Assistant Attorney General Doub, Samuel D. Slade, Lionel Kestenbaum, Willard D. Gatchell and Howard E. Wahrenbrock filed a brief for the Federal Power Commission, as amicus curiae, urging reversal.
John S. Lynch, Jr. and E. P. Donnelly, Assistant Attorney General of Washington, argued the cause for respondents. Mr. Lynch filed a brief for the Taxpayers of Tacoma, Washington, respondents. With Mr. Donnelly on a brief were John J. O'Connell, Attorney General, and Philip R. Meade, Assistant Attorney General, for the State of Washington et al., respondents; and joining them in this brief were the States of Iowa, by Norman A. Erbe, Attorney General; Michigan, by Paul L. Adams, Attorney General; Montana, by Forrest H. Anderson, Attorney General; Nevada, by Harvey Dickerson, Attorney General; New Mexico, by Fred M. Standley, Attorney General; Vermont, by Frederick M. Reed, Attorney General; Virginia, by A. S. Harrison, Jr., Attorney General; and Wisconsin, by Stewart G. Honeck, Attorney General, and Roy G. Tulane and James H. McDermott, Assistant Attorneys General.
Supreme Court of United States.
MR. JUSTICE WHITTAKER delivered the opinion of the Court.
This is the latest episode in litigation beginning in 1948 which has been waged in five tribunals and has produced more than 125 printed pages of administrative and judicial opinions. It concerns the plan of the City of Tacoma, a municipal corporation in the State of Washington, to construct a power project on the Cowlitz River, a navigable water of the United States, in accordance with a
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