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POWER AUTHORITY OF STATE OF N. Y. v. FEDERAL POWER COM'N

No. 75, Docket 28806.

339 F.2d 269 (1964)

POWER AUTHORITY OF the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Second Circuit.

Decided December 8, 1964.

Rehearing and Rehearing Denied January 11, 1965.

Attorney(s) appearing for the Case

Thomas F. Moore, Jr., New York City, (Edward L. Ryan, Scott B. Lilly, Lewis R. Bennett, New York City, of counsel), for petitioner.

Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Sol., Joseph Hobbs, Donald Sander, Attys., F. P. C., Paul A. Sweeney, Special Consultant, for respondent.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

Rehearing and Rehearing in Banc Denied January 11, 1965.

WATERMAN, Circuit Judge.

On July 15, 1953, the Power Authority of the State of New York was issued a license by the Federal Power Commission to construct certain power and navigation works on the St. Lawrence River. Article 27 of the license provided for the payment of annual charges by the Power Authority to the Commission in accordance with Section 10(e) of the Federal Power Act, 16 U.S.C. § 803...

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