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ROCHESTER GAS AND ELECTRIC CORP. v. FEDERAL POWER COM'N

No. 285, Docket 29181.

344 F.2d 594 (1965)

ROCHESTER GAS AND ELECTRIC CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Second Circuit.

Decided April 6, 1965.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., Naylon, Aronson, Huber & Magill, New York City (Edward F. Huber, New York City, Daniel G. Kennedy, Rochester, N. Y., James M. Baisley, New York City, Albert L. Beswick, Rochester, N. Y., of counsel), for petitioner.

Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Sol., Joseph Hobbs, George Bruder, Attys., F. P. C., for respondent.

Before WATERMAN, SMITH and ANDERSON, Circuit Judges.

WATERMAN, Circuit Judge:

The Genesee River rises in the Allegheny Mountains of Pennsylvania and flows northward for 158 miles through New York State to Lake Ontario. Petitioner operates three hydroelectric projects on a stretch of rapids and falls in Rochester, New York, six miles from the mouth of the river. It maintains a fourth power project in Mount Morris, New York, on another turbulent stretch of the river sixty-five miles from the mouth.

Petitioner...

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