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STATE OF WISCONSIN v. FEDERAL POWER COMMISSION

No. 16118.

292 F.2d 753 (1961)

STATE OF WISCONSIN and Public Service Commission of Wisconsin, Petitioners v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided May 18, 1961.

Attorney(s) appearing for the Case

Mr. Arthur H. Fribourg, Attorney, Federal Power Commission, argued the motion to dismiss for respondent. With him on the motion was Mr. Howard E. Wahrenbrock, Solicitor, Federal Power Commission.

Mr. William E. Torkelson, Madison, Wis., for petitioners argued in opposition to the motion.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a natural gas case. Petitioners seek review of a "Statement of General Policy" issued by the Federal Power Commission and designated No. 61-1. 25 Fed.Reg. 9578. Jurisdiction is alleged under Section 19(b) of the Natural Gas Act, 15 U.S.C.A. § 717r(b), and Section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009.

The Statement in question, promulgated on September 28, 1960, announced

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