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ASSOCIATED ELECTRIC COOPERATIVE, INC. v. MORTON

Nos. 73-1601, 73-1690.

507 F.2d 1167 (1974)

ASSOCIATED ELECTRIC COOPERATIVE, INC. v. Rogers C. B. MORTON, Individually and as Secretary of the Interior and Peter C. King, Individually, and as Administrator of the Southwestern Power Administration, United States of America, (Intervening Defendant), John N. Nassikas et al. ASSOCIATED ELECTRIC COOPERATIVE, INC. v. Rogers C. B. MORTON, Individually and as Secretary of the Interior and Peter C. King, Individually, and as Administrator of the Southwestern Power Administration, United States of America (Intervening Defendant), John N. Nassikas et al. (Members of Federal Power Commission), Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 1974.

Rehearing Denied December 16, 1974.

Attorney(s) appearing for the Case

Thomas G. Wilson, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, and Walter H. Fleischer, Atty., Dept. of Justice, were on the brief for appellants Morton, King and the United States. Robert B. Kopp, Atty., Dept. of Justice, also entered an appearance for appellants Morton, King and the United States.

Northcutt Ely, Washington, D.C., with whom Frederick H. Ritts, and James E. Hickey, Jr., Washington, D.C., were on the brief, for appellee, Associated Electric Cooperative, Inc.

Before MacKINNON and WILKEY, Circuit Judges, and JAMESON, United States Senior District Judge for the District of Montana.

JAMESON, Senior District Judge:

This is an appeal from a summary judgment in favor of plaintiff-appellee, Associated Electric Cooperative (Associated), against Rogers C. B. Morton, Secretary of the Interior, Peter C. King, Administrator of the Southwestern Power Administration (SPA), the United States of America, and the members of the Federal Power Commission (FPC) in an action to declare unlawful and to enjoin the collection of a transmission service charge imposed...

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