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CITY OF SANTA CLARA, CAL. v. ANDRUS

Nos. 77-1110, 77-1270, 77-1189 and 76-3670.

572 F.2d 660 (1978)

CITY OF SANTA CLARA, CALIFORNIA, Appellant, v. Cecil ANDRUS, Individually and as Secretary of the Interior, and R. Keith Higginson, Individually and as Commissioner of the Bureau of Reclamation, United States Department of Interior, Appellees. Cecil ANDRUS, Individually and as Secretary of the Interior, and R. Keith Higginson, Individually and as Commissioner of the Bureau of Reclamation, United States Department of Interior, Appellants, v. CITY OF SANTA CLARA, CALIFORNIA, Appellee. PACIFIC GAS & ELECTRIC COMPANY, Appellant, v. CITY OF SANTA CLARA, CALIFORNIA, Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing April 4, 1978.

Attorney(s) appearing for the Case

Terry J. Houlihan (argued), San Francisco, Cal., for appellant, cross appellee.

Fred Palmer (argued), Washington, D.C., C. Max Vassanelli (argued), of Dept. of Justice, Washington, D.C., for appellees, cross appellants.

Before DUNIWAY and CARTER, Circuit Judges, and BURNS, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc April 4, 1978.

DUNIWAY, Circuit Judge:

This case concerns sales by the Secretary of the Interior of low-cost hydroelectric power generated by the Central Valley Project in California. The city of Santa Clara filed this action for declaratory and injunctive relief, challenging the Secretary's decisions to withdraw power from the City and to deny it an allocation of "firm" (non-withdrawable) power. The...

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