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UNITED STATES v. TEX-LA ELEC. CO-OP., INC.

Nos. 81-3715, 82-2014.

693 F.2d 392 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. TEX-LA ELECTRIC COOPERATIVE, INC., Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. NORTHEAST TEXAS ELECTRIC COOPERATIVE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 23, 1982.

Attorney(s) appearing for the Case

Leland Ware, Dept. of Justice, Civil Division, Federal Programs Branch, Leonard Schaitman, Atty., Appellate Staff, Civil Div., Bruce G. Forrest, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Ralph J. Gillis, Plymouth, Mass., for defendant-appellee.

Before WISDOM, BROWN and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

These consolidated cases come to us on appeal from the Eastern District of Louisiana and the Southern District of Texas. The single appellee,1 Tex-La Electric Cooperative, Inc., has thus far successfully challenged the validity of the government's new system for setting and raising the rates set out in the schedules according to which federally owned hydroelectric power is sold.

The novel situation that...

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