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OTTER TAIL POWER COMPANY v. FED. POWER COMM.

No. 72-1088.

473 F.2d 1253 (1973)

OTTER TAIL POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided February 21, 1973.

Attorney(s) appearing for the Case

Cyrus A. Field, Fergus Falls, Minn., for petitioner.

George McHenry, Atty., Federal Power Commission, Washington, D. C., for respondents.

Before HEANEY and STEPHENSON, Circuit Judges, and BOUGE, District Judge.

STEPHENSON, Circuit Judge.

Otter Tail Power Company appeals from a part of an order of the Federal Power Commission reported at 46 F.P.C. . . . . . (1971). The Commission ordered Otter Tail to permit the Village of Elbow Lake to interconnect its municipal power facilities with Otter Tail's transmission line for purposes of buying electrical power from Otter Tail.

Section 202(b) of the Federal Power Act (16 U.S.C. § 824a(b)) provides:

(b) Whenever...

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