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NATIONAL ASS'N FOR AD. OF COLORED PEOPLE v. F. P. C.

No. 72-1959.

520 F.2d 432 (1975)

The NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE et al., Petitioners, v. The FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1975.

Certiorari Granted October 14, 1975.

Attorney(s) appearing for the Case

Howard A. Glickstein, Washington, D.C., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom William L. Taylor, Notre Dame, Ind., was on the brief, for petitioners.

John H. Burnes, Atty., Federal Power Commission, with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Acting Sol., Federal Power Commission, were on the brief, for respondent.

Martin Slate, Atty., E. E. O. C., as amicus curiae. Julia P. Cooper, Asst. Gen. Counsel, E. E. O. C., and Beatrice Rosenberg, Atty., E. E. O. C., filed a brief on behalf of the E. E. O. C. as amicus curiae urging reversal.

Before BAZELON, Chief Judge, and McGOWAN and MacKINNON, Circuit Judges.

Certiorari Granted October 14, 1975. See 96 S.Ct. 186.

Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

This petition for direct review of an order of the Federal Power Commission raises a question as to the precise scope of the regulatory authority vested in that agency by the Congress. It concerns in particular a request made of the Commission, and dismissed by it for lack of jurisdiction, to initiate rule making proceedings...

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