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GULF STATES UTILITIES COMPANY v. F. P. C.

No. 74-1160.

518 F.2d 450 (1975)

GULF STATES UTILITIES COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Southwest Louisiana Electric Membership Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1975.

Attorney(s) appearing for the Case

Benny H. Hughes, Beaumont, Tex., for petitioners.

Thomas M. Walsh, Atty., F. P. C., with whom Leo E. Forquer, Gen. Counsel, George W. McHenry, Jr., Sol., and John H. Burnes, Jr., Atty., F. P. C., were on the brief for respondent.

John Schwab, Baton Rouge, La., for intervenor.

Before TAMM and LEVENTHAL, and MILLER, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

In July of 1950 Gulf States Utilities Company (Gulf States) and the Southwest Louisiana Electric Membership Cooperative (SLEMCO) entered into a contract for the supply of electrical energy by Gulf States to SLEMCO. That agreement, which set a maximum demand ceiling of some 8,000 kilowatts,1 was held by the Federal Power Commission, on...

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