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INTERNATIONAL PAPER CO. v. FEDERAL POWER COM'N

Nos. 258-9, Dockets 34265, 34991.

438 F.2d 1349 (1971)

INTERNATIONAL PAPER COMPANY, Plaintiff-Appellant, v. FEDERAL POWER COMMISSION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 2, 1971.

Attorney(s) appearing for the Case

Howard E. Wahrenbrock, Washington, D. C., for plaintiff-appellant.

Peter H. Schiff, Sol., Washington, D. C. (Gordon Gooch, Gen. Counsel, George Lewnes, Asst. Gen. Counsel, Israel Convisser, Atty., Robert C. McDiarmid, Asst. to the Gen. Counsel, Washington, D. C., on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and CLARIE, District Judge.

CLARIE, District Judge:

This appeal from a decision of the Federal Power Commission (FPC) claims that the Commission unlawfully attempted to extend its jurisdiction beyond its statutory authority; and that in the performance of its duties, it not only had violated "the separation of functions" provisions of the Administrative Procedure Act, 5 U.S.C. § 554(d), but also the Freedom of Information Act, 5 U.S.C. § 552. For purposes of this appellate review,...

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