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CITY OF OGLESBY v. FEDERAL ENERGY REG. COM'N

No. 76-1585.

610 F.2d 897 (1979)

CITY OF OGLESBY, Village of Ladd, and the Cedar Point Light and Water Company, Illinois, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Illinois Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 1979.

As Amended January 10, 1980.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D. C., with whom Grace Powers Monaco, Washington, D. C., was on the brief, for petitioners.

Philip R. Telleen, Atty., Federal Power Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., Federal Power Commission, Washington, D. C., were on the brief, for respondent.

William T. Hart, Chicago, Ill., with whom David C. Wheeler, was on the brief, for intervenor.

Before WRIGHT, Chief Judge, and ROBINSON and MacKINNON, Circuit Judges.

Opinion for the Court filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Illinois Power Company, the intervenor, supplies electric energy to petitioners, the City of Oglesby, the Village of Ladd, and Cedar Point Light and Water Company, pursuant to separate contracts. The present controversy arose when Illinois Power lodged with the Federal Power Commission1 a new rate schedule purporting...

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