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WASHINGTON PUB. POW. SUP. SYS. v. PACIFIC NORTHWEST POW. CO.

Civ. No. 62-110.

217 F.Supp. 481 (1963)

WASHINGTON PUBLIC POWER SUPPLY SYSTEM, a municipal corporation, Plaintiff, v. PACIFIC NORTHWEST POWER COMPANY, a corporation, Defendant.

United States District Court D. Oregon.

Petition for Reconsideration Denied May 15, 1963.

Attorney(s) appearing for the Case

Norman A. Stoll, of Reinhardt, Coblens & Stoll, Portland, Or., and Jack R. Cluck, of Houghton, Cluck, Coughlin & Schubat, Seattle, Wash., for plaintiff.

Hugh Smith and Allan A. Smith, of Smith, Gray & Rodgers, Portland, Or., for defendant.

KILKENNY, District Judge.

This is an action for a Declaratory Judgment, in which each party asks for a Summary Judgment. The plaintiff asks that the court adjudicate and declare:

1. That subject to the requirements of the Federal Power Act (Title 16 U.S. C.A. Ch. 12) the plaintiff is authorized under the laws of the State of Washington, particularly RCW Ch. 43.52, to construct either the Nez Perce or High Mountain Sheep Project, each of which is more particularly...

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