BALDWIN COUNTY ELEC. MEM. CORP. v. PRICE COMMISSION

Nos. DC-4, DC-5.

481 F.2d 920 (1973)

BALDWIN COUNTY ELECTRIC MEMBERSHIP CORPORATION et al., and City of Luverne, et al., Plaintiffs-Appellants, v. PRICE COMMISSION et al., and Alabama Power Company, Defendant-Appellee and Intervenor-Appellee.

Temporary Emergency Court of Appeals,

Certiorari Denied October 15, 1973.


Attorney(s) appearing for the Case

D. Biard MacGuineas, Washington, D. C. (Volpe, Boskey & Lyons, Reuben Goldberg and Arnold Fieldman, Washington, D. C., and Maurice F. Bishop, Birmingham, Ala., with him on the brief), for appellants.

Robert E. Easton, Atty., Dept. of Justice, Washington, D. C. (Harlington Wood, Jr., Asst. Atty. Gen., and Harold H. Titus, Jr., U. S. Atty., Washington, D. C., with him on the brief), for Government appellee.

George F. Bruder, Debevoise & Liberman, Washington, D. C., for intervenor-appellee.

Before TAMM, Chief Judge, and HASTIE and JOHNSON, Judges.


Certiorari Denied October 15, 1973. See 94 S.Ct. 230.

JOHNSON, Judge.

Appellants, various cooperatives and municipalities which are wholesale customers of the Alabama Power Company, seek a reversal of an order of the district court which granted appellees' motion for summary judgment. The effect of the lower court's order was to approve an action of the Price Commission allowing certain rate increases by Alabama Power in the sale of electric power to the appellants...

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