WESTINGHOUSE ELECTRIC CORP. v. CITY OF BURLINGTON, VERMONT

Nos. 17747, 17931-17933.

326 F.2d 691 (1964)

WESTINGHOUSE ELECTRIC CORPORATION et al., Appellants, v. CITY OF BURLINGTON, VERMONT, et al., Appellees. GENERAL ELECTRIC COMPANY et al., Appellants, v. CITY OF ALBEMARLE, NORTH CAROLINA, Appellee. WESTINGHOUSE ELECTRIC CORPORATION et al., Appellants, v. PUERTO RICO WATER RESOURCES AUTHORITY, Appellee. WESTINGHOUSE ELECTRIC CORPORATION et al., Appellants, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 2, 1964.


Attorney(s) appearing for the Case

Mr. Robert C. Barnard, Washington, D. C., with whom Mr. John K. Mallory, Jr., Washington, D. C., was on the brief for appellant Allis-Chalmers Mfg. Co. and certain other appellants, argued for all appellants.

Mr. Elmer F. Bennett, Washington, D. C., with whom Mr. David Booth Beers, Washington, D. C., was on the brief for appellee City of Burlington, Vt., argued for all appellees.

Messrs. Leonard J. Emmerglick and Ellis Lyons, Washington, D. C., were on the brief for appellant Westinghouse Electric Corp.

Messrs. Francis M. Shea, Richard T. Conway, William H. Dempsey, Jr., and Clark M. Clifford, Washington, D. C., were on the brief for appellant General Electric Co.

Mr. Ezekiel G. Stoddard, Washington, D. C., was on the brief for appellant Carrier Corp., in No. 17,747.

Mr. J. Carter McKaig, Washington, D. C., was on the brief for appellant Worthington Corp., in No. 17,747.

Messrs. Charles S. Rhyne, Brice W. Rhyne and Anthony Joseph, Washington, D. C., were on the brief for appellee in No. 17,931.

Messrs. Robert E. Sher and James H. Heller, Washington, D. C., were on the brief for appellee in No. 17,932.

Messrs. Chester H. Gray, Corp. Counsel for District of Columbia, and John A. Earnest and James M. Cashman, Asst. Corp. Counsel, were on the brief for appellee in No. 17,933.

Mr. Ephraim Jacobs, Washington, D. C., entered an appearance for appellant Federal Pacific Electric Co., in No. 17,747.

Messrs. Ralph S. Cunningham, Jr., and Earl W. Kintner, Washington, D. C., entered appearances for appellant Duncan Electric Co., Inc., in No. 17,747.

Mr. Robert D. Larsen, Washington, D. C., entered an appearance for appellants Ward Electric Co. and Arrow-Hart & Hegeman Electric Co., in No. 17,747.

Messrs. Charles L. Saunders, Jr., and Willis B. Snell, Washington, D. C., entered appearances for appellants Southern States Inc., Kuhlman Electric Co., and A. B. Chance Co., in No. 17,747.

Mr. Richard A. Whiting, Washington, D. C., entered an appearance for appellant I-T-E Circuit Breaker Co., in No. 17,747.

Mr. John S. Walker, Washington, D. C., entered an appearance for appellant Clark Controller Co., in No. 17,747.

Mr. Bartholomew A. Diggins, Washington, D. C., entered an appearance for appellant H. K. Porter Co., Inc., in No. 17,747.

Mr. Arthur B. Edgeworth, Washington, D. C., entered an appearance for appellants Allen-Bradley Company, Cutler-Hammer Company and Square D Company, in No. 17,747.

Before BAZELON, Chief Judge, and BURGER and WRIGHT, Circuit Judges.


PER CURIAM:

The issue urged1 by appellants has already been litigated unsuccessfully in related suits before the Courts of Appeals for the Second,2 Seventh,3 Eighth,4 and Tenth5 Circuits. Petitions for certiorari were denied three times by the Supreme Court.6 The matter is under submission...

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