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PUBLIC UTIL. DIST. NO. 1 OF PEND OREILLE CO. v. UNITED STATES

No. 23539.

417 F.2d 200 (1969)

PUBLIC UTILITY DISTRICT NO. 1 OF PEND OREILLE COUNTY, Appellee, v. UNITED STATES of America, Appellant, Inland Power & Light Co., Respondent.

United States Court of Appeals Ninth Circuit.

September 17, 1969.

Attorney(s) appearing for the Case

William G. Ennis (argued), of Ennis & Klobucher, Spokane Wash., for appellee.

Roger P. Marquis (argued), Glen E. Taylor, Acting Asst. Atty. Gen., Washington, D. C., Smithmoore P. Myers, U. S. Atty., Robert M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for appellant.

Will Lorenz (argued), of Trezona, Chastek & Lorenz, Spokane, Wash., for respondent.

Before ELY and CARTER, Circuit Judges, and SMITH, District Judge.

RUSSELL E. SMITH, District Judge.

Public Utility District No. 1 of Pend Oreille County (PUD) is a municipal corporation. Inland Power & Light Co. (Inland) is a private non-profit membership corporation. Both are organized under the laws of Washington. Inland furnished electrical energy to its members in ten counties in Washington, including Pend Oreille County, and two counties in Idaho. It is and has been financed by the Rural Electrification Administration

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