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MONTANA POWER COMPANY v. FEDERAL POWER COMMISSION

Nos. 15480, 16359.

298 F.2d 335 (1962)

The MONTANA POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1962.

Petition for Rehearing Denied February 21, 1962.

Attorney(s) appearing for the Case

Messrs. Sam B. Chase, Jr., Butte, Mont., of the bar of the Supreme Court of Montana, pro hac vice, by special leave of court, and Joseph A. McElwain, Deer Lodge, Mont., for petitioner. Mr. John C. Hauck, Butte, Mont., was on the brief for petitioner.

Mr. Peter H. Schiff, Atty., Federal Power Commission, with whom Messrs. John C. Mason, Gen. Counsel, and Howard E. Wahrenbrock, Solicitor, were on the brief, for respondent.

Mr. John W. Cragun, Washington, D. C., for intervenor.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.

WILBUR K. MILLER, Chief Judge.

On May 23, 1930, the Federal Power Commission issued to Rocky Mountain Power Company a license "for the purpose of constructing, operating and maintaining certain project works necessary or convenient for the development and improvement of navigation and for the development, transmission and utilization of power across, along, from and in the Flathead River and Flathead Lake, navigable waters of the United States, being a part of" Project...

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