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HUDSON RIVER FISHERMEN'S ASS'N v. FEDERAL POWER COM'N

Nos. 859, 860, Dockets 73-2258, 73-2259.

498 F.2d 827 (1974)

HUDSON RIVER FISHERMEN'S ASSOCIATION, and Scenic Hudson Preservation Conference, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Consolidated Edison Company of New York, Inc., Intervenor.

United States Court of Appeals, Second Circuit.

Decided May 8, 1974.

Rehearings Denied July 1, 1974.

Attorney(s) appearing for the Case

Albert K. Butzel, New York City, (Berle, Butzel & Kass and Peter Millock, New York City, on the brief), for Scenic Hudson Preservation Conference.

Angus Macbeth, New York City (Sarah Chasis, New York City, and Ronald J. Wilson, Washington, D. C., on the brief), for Hudson River Fishermen's Ass'n.

William M. Sawyer, Washington, D. C. (Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Solicitor, Washington, D. C., on the brief), for Federal Power Comm.

Carl D. Hobelman, New York City (LeBoeuf, Lamb, Leiby & MacRae, G. S. Peter Bergen, and Andrew Gansberg, New York City, on the brief), for Consolidated Edison Co. of New York, Inc.

Before ANDERSON, MANSFIELD and OAKES, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

In Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608 (2 Cir. 1965), cert. denied, 384 U.S. 941, 86 S.Ct. 1462, 16 L.Ed.2d 540 (1966), hereinafter cited as Scenic Hudson I, this court vacated the Federal Power Commission's grant of a license to Consolidated Edison Company of New York, Inc., for construction of a hydroelectric pump-storage plant

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