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OTTER TAIL POWER COMPANY v. FEDERAL POWER COMMISSION

No. 19628.

429 F.2d 232 (1970)

OTTER TAIL POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, and Village of Elbow Lake, Minnesota, Respondents.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied August 24, 1970.

Attorney(s) appearing for the Case

Cyrus A. Field, Field, Arvesen, Donoho, Lundeen & Hoff, Fergus Falls, Minn., for petitioner.

Israel Convisser, Atty., F. P. C., Washington, D. C., for respondent, F. P. C.; Richard A. Solomon, Gen. Counsel, Peter H. Schiff, Sol., Drexel D. Journey, Asst. Gen. Counsel, and Robert C. McDiarmid, Atty., F.P.C., Washington, D. C., on the brief.

I. L. Swanson, Elbow Lake, Minn., on brief, for respondent, Village of Elbow Lake.

Before VOGEL, BLACKMUN and BRIGHT, Circuit Judges.

VOGEL, Circuit Judge.

Following a hearing before the Federal Power Commission, Otter Tail Power Company petitions this court under § 313(b) of the Federal Power Act (16 U.S.C.A. § 824, et seq.) to review and set aside an order requiring interconnection between petitioner and Elbow Lake, a municipal power company, issued pursuant to § 202(b) of the Act. Otter Tail maintains, inter alia, that this case is not governed by § 202(b), that the...

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