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SCENIC HUDSON PRESERVATION CONF. v. FEDERAL POWER COM'N

No. 106, Docket 29853.

354 F.2d 608 (1965)

SCENIC HUDSON PRESERVATION CONFERENCE, Town of Cortlandt, Town of Putnam Valley and Town of Yorktown, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, and Consolidated Edison Company of New York, Inc., Intervener.

United States Court of Appeals Second Circuit.

Decided December 29, 1965.

Attorney(s) appearing for the Case

Lloyd K. Garrison, New York City, (Simon H. Rifkind, Albert K. Butzel, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, and Dale E. Doty, Washington, D. C., of counsel), for petitioner, Scenic Hudson Preservation Conference.

Samuel L. Slutsky, Putnam Valley, N. Y., for petitioner, Town of Putnam Valley.

John C. Tuttle, Peekskill, N. Y., on the brief, for petitioner, Town of Cortlandt.

John R. Kibbe and Raymond Margles, Yorktown Heights, N. Y., on the brief, for petitioner, Town of Yorktown.

Josephine H. Klein, Washington, D. C. (Richard A. Solomon, Gen. Counsel for Federal Power Commission, Howard E. Wahrenbrock, Sol., Melvin Spaeth, Asst. Gen. Counsel, Washington, D. C., on the brief), for respondent.

Randall J. LeBoeuf, Jr., New York City (LeBoeuf, Lamb & Lieby, New York City, on the brief), for intervener.

Before LUMBARD, Chief Judge and WATERMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge:

In this proceeding the petitioners are the Scenic Hudson Preservation Conference, an unincorporated association consisting of a number of non-profit, conservationist organizations, and the Towns of Cortlandt, Putnam Valley and Yorktown. Petitioners ask us, pursuant to § 313(b) of the Federal Power Act, 16 U. S.C. § 825l(b), to set aside three orders of the respondent, the Federal Power...

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