MONTANA POWER COMPANY v. FEDERAL POWER COMMISSION

Nos. 21904, 21767.

445 F.2d 739 (1970)

The MONTANA POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana, Secretary of Interior, Intervenors. The CONFEDERATED SALISH AND KOOTENAI TRIBES OF the FLATHEAD RESERVATION, MONTANA, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, The Montana Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Reargued November 24, 1969.

Decided July 15, 1970.

Certiorari Denied January 18, 1971.


Attorney(s) appearing for the Case

Mr. Charles A. Horsky, with whom Messrs. G. Joseph Vining, Willard W. Gatchell, Washington, D. C., and Joseph A. McElwain, Butte, Mont., were on the brief, for petitioner in No. 21,904 and intervenor in No. 21,767. Mr. John C. Hauck, Butte, Mont., also entered an appearance for petitioner in No. 21,904.

Mr. Richard A. Baenen, Washington, D. C., with whom Messrs. Charles A. Hobbs and Jerry C. Strauss, Washington, D. C., were on the brief, for petitioners in No. 21,767 and intervenors in No. 21,904.

Mr. Peter H. Schiff, Solicitor, Federal Power Commission, with whom Messrs. Richard A. Solomon, General Counsel at the time the brief was filed, Drexel D. Journey, Asst. Gen. Counsel, William H. Arkin and David F. Storer, Attorneys, Federal Power Commission, were on the brief, for respondent.

Mr. A. Donald Mileur, Attorney, Department of Justice, with whom Mr. Clyde O. Martz, Asst. Atty. Gen. at the time the brief was filed, Messrs. Roger P. Marquis, Attorney, Department of Justice, and George Miron, Associate Solicitor, Reclamation and Power, Department of the Interior, were on the brief, for intervenor in No. 21,904.

Before BAZELON, Chief Judge, WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON and MacKINNON, Circuit Judges, sitting en banc.


Reargued En Banc November 24, 1969.

Certiorari Denied January 18, 1971. See 91 S.Ct. 566.

LEVENTHAL, Circuit Judge:

These cases involve the readjustment of the annual rentals due Indian tribes for the use of tribal land by a power company in connection with its operation of a hydroelectric project licensed by the Federal Power Commission.

For convenience we provide a brief introductory sketch of the central issue: The license issued in 1930...

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