CITY AND COUNTY OF SAN FRANCISCO v. UNITED AIRLINES

Nos. 77-3826, 77-3827, 78-1778 and 78-2859.

616 F.2d 1063 (1979)

CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, Plaintiff-Appellee, v. UNITED AIRLINES et al., Defendants-Appellants, Department of the Army, Secretary of the Interior, Defendants-Intervenors-Appellants, TURLOCK IRRIGATION DISTRICT et al., public agencies of the State of California, Plaintiffs-Appellees, v. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, Defendant-Appellant, Cecil D. Andrus, Secretary of the Interior of the United States, Plaintiff-Intervenor, Appellee. TURLOCK IRRIGATION DISTRICT, a public agency of the State of California, and Modesto Irrigation District, a public agency of the State of California, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 27, 1979.


Attorney(s) appearing for the Case

George A. Sears (argued), Robert M. Westburg, Russell L. Johnson, Jerome Falk, Jr. (argued), San Francisco, Cal., C. Max Vassanelli (argued), Washington, D. C., for Turlock Irrigation Dist., Dept. of the Army et al., appellees.

McMorris M. Dow, Steven L. Mayer, Howard Prim, Rice Nemerovski, Canady & Pollak, Russell L. Johnson, San Francisco, Cal., C. Max Vassanelli (argued), Washington, D. C., George A. Sears (argued), Gordon E. Davis (argued), San Francisco, Cal., for United Airlines et al., appellants.

Before MERRILL and TRASK, Circuit Judges, and BURNS, District Judge.


MERRILL, Circuit Judge:

These appeals concern San Francisco's right to establish the rates it charges for power generated at its Hetch Hetchy facility. The specific question is whether the rates it charges must be approved by the Secretary of the Interior under the terms of the Raker Act, 38 Stat. 242 (1913), which granted to San Francisco the rights of way in Yosemite National Park and other public lands necessary to build the Hetch Hetchy water storage and power...

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