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CITY OF WESTFIELD v. FEDERAL POWER COMMISSION

No. 76-1535.

551 F.2d 468 (1977)

CITY OF WESTFIELD et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Western Massachusetts Electric Company, Intervenor.

United States Court of Appeals, First Circuit.

March 8, 1977.

Attorney(s) appearing for the Case

Drexel D. Journey, Gen. Counsel, Allan Abbot Tuttle, Sol., and Thomas M. Walsh, Atty., Washington, D.C., for respondent on motion to dismiss petition for review.

Robert C. McDiarmid, Daniel I. Davidson, Frances E. Francis, and Spiegel & McDiarmid, Washington, D.C., for petitioners on memorandum in opposition to motion to dismiss.

Before COFFIN, Chief Judge, and CAMPBELL, Circuit Judge.

PER CURIAM.

The city of Westfield et al. petitioned for review of the Commission's order suspending the rate increase for only one day. The Commission has moved that we dismiss the petition and we grant this motion.

The Commission is authorized, after a new rate schedule is filed, to "suspend the operation of such schedule" for up to "five months." 16 U.S.C. § 824d(e). It argues that the courts are foreclosed from reviewing suspension orders, citing as...

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