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

No. 18804.

332 F.2d 87 (1964)

WASHINGTON PUBLIC POWER SUPPLY SYSTEM, a municipal corporation, Appellant, v. PACIFIC NORTHWEST POWER COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

April 30, 1964.

Attorney(s) appearing for the Case

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

Smith, Rives & Rodgers, Allan A. Smith and Hugh Smith, Portland, Or., for appellee.

John J. O'Connell, Atty. Gen. for State of Washington; Timothy R. Malone and Charles B. Roe, Asst. Attys. Gen. for State of Washington, Olympia, Wash., on behalf of amicus curiae State of Washington.

Before ORR, MERRILL and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

The parties to this appeal are competing applicants before the Federal Power Commission for a license to construct a hydro-electric project on the Snake River between Oregon and Idaho.

Appellant, a municipal corporation organized under the laws of Washington, brought suit under 28 U.S.C.A. §§ 2201 and 2202 for a judgment declaring: (1) that appellant was not precluded by Washington...

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