KANSAS POWER & LIGHT CO. v. FEDERAL POWER COM'N

No. 75-2080.

554 F.2d 1178 (1977)

KANSAS POWER AND LIGHT COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 1977.


Attorney(s) appearing for the Case

Richard A. Solomon, Washington, D.C., with whom Robert D. Hadl, Washington, D.C., was on the brief for petitioners.

Douglas F. John, Atty., F.P.C., Washington, D.C., of the bar of the Supreme Court of Texas, pro hac vice by special leave of court, for respondent. Drexel D. Journey, Gen. Counsel, F. P. C., Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Sol. and Allan M. Garten, Attys., F. P. C., Washington, D.C., were on the brief for respondent.

Wallace Edward Brand, Washington, D.C., filed a brief on behalf of Sunflower Electric Cooperative, Inc., et al., as amici curiae urging affirmance.

Before WRIGHT, McGOWAN and MacKINNON, Circuit Judges.


Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

The issue presented by this petition for review is whether the Federal Power Commission acted correctly in deferring consideration of a statutory merger application under the Federal Power Act, pending final resolution of an antitrust suit seeking to block the merger, filed by a private party in a federal district court. The Commission concluded that postponement of its proceedings...

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