CITIZENS UTILITIES COMPANY v. FEDERAL POWER COMMISSION

No. 259, Docket 25705.

279 F.2d 1 (1960)

CITIZENS UTILITIES COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Second Circuit.

Decided May 24, 1960.


Attorney(s) appearing for the Case

Milton S. Gould, Gallop, Climenko & Gould, New York City, Reuben Goldberg, Washington, D. C., Clifton G. Parker, Morrisville, Vt., for petitioner.

John C. Mason, Deputy Gen. Counsel, Federal Power Commission, Washington, D. C., for respondent (Willard W. Gatchell, Gen. Counsel, Howard E. Wahrenbrock, Solicitor, Leonard D. Eesley, Assistant General Counsel, Daniel Goldstein and Joseph B. Hobbs, Attys., Federal Power Commission, Washington, D. C., on the brief).

Before LUMBARD, Chief Judge, and HAND and HINCKS, Circuit Judges.


HAND, Circuit Judge.

In this case the petitioner, a Delaware corporation, has built hydroelectric dams at several places on the Clyde River, Vermont, which rises in the northeast corner of the state and empties into Lake Memphremagog at Newport, Vermont. Lake Memphremagog itself extends from Newport across the border of Canada and into Canada.

After leaving a small pond, called Spectacle Pond, the Clyde passes through Island Pond, another small sheet of water...

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