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ARIZONA POWER POOLING ASSOCIATION v. MORTON

Nos. 74-1167, 74-1168, 74-1173.

527 F.2d 721 (1975)

ARIZONA POWER POOLING ASSOCIATION, an Arizona Corporation, Plaintiff-Appellant, Arizona Power Authority, an agency of the State of Arizona, et al., Intervenors, v. Rogers C. B. MORTON, Individually and as Secretary of the Interior of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Supplemented on Denial of Rehearing and Rehearing December 17, 1975.

Certiorari Denied April 5, 1976.

Attorney(s) appearing for the Case

Donald R. Allen (argued), Duncan, Allen & Mitchell, Washington, D. C., for plaintiff-appellant in 74-1167.

Melvin Richter (argued), Washington, D. C., for appellant in 74-1168.

George K. Fadel (argued), Bountiful, Utah, for appellant in 74-1173.

Daniel I. Davidson (argued), Washington, D. C., for amicus curiae.

Carl Strass (argued), Atty. for Dept. of Justice, Washington, D. C., for appellee.

Daniel J. McAuliffe, Phoenix, Ariz. (argued), Arizona Public Service Co., Nevada Power Co. and So. Calif. Edison Co., for appellee.

Before TUTTLE, KOELSCH and BROWNING, Circuit Judges.

As Supplemented on Denial of Rehearing and Rehearing En Banc in No. 74-1167 December 17, 1975.

Certiorari Denied April 5, 1976. See 96 S.Ct. 1506.

OPINION

TUTTLE, Circuit Judge.

This is an appeal from an order of the district court granting the government's motion for summary judgment and dismissing with prejudice an action which sought for the plaintiffs a preference right to bid for federally owned electric power. Appellant,

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