STATE OF NORTH CAROLINA v. FEDERAL POWER COM'N

No. C-74-391-W.

393 F.Supp. 1116 (1975)

STATE OF NORTH CAROLINA et al., Plaintiffs, v. FEDERAL POWER COMMISSION et al., Defendants.

United States District Court, M. D. North Carolina, Wilkesboro Division.

May 7, 1975.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., and Millard R. Rich, Jr., Asst. Atty. Gen., Raleigh, N. C., Norman B. Smith, Greensboro, N. C., and Prof. Thomas J. Schoenbaum, Chapel Hill, N. C., for plaintiffs.

Drexel D. Journey, George W. McHenry, Jr., and Steven A. Taube, Washington, D. C., for Federal Power Commission and members of the Commission.

Kenneth Wooten, Jr., and J. Ruffin Bailey, Raleigh, N. C., for the Appalachian Power Co., Inc.

James E. Ryan, Jr., Asst. Atty. Gen., Richmond, Va., for the Commonwealth of Virginia.


MEMORANDUM OPINION

GORDON, Chief Judge.

I.

This is an action to enjoin construction and other development activities on the New River in Northwestern North Carolina, until such time as the Secretary of the Interior has completed a study pursuant to Section 2(a)(ii) of the Wild and Scenic Rivers Act, 16 U.S.C. § 1273(a)(ii), to determine whether a segment of this river, which would be eliminated as a free-flowing stream by a proposed hydroelectric...

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