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CITY OF FRANKFORT, IND. v. F. E. R. C.

No. 81-1777.

678 F.2d 699 (1982)

CITY OF FRANKFORT, INDIANA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Company of Indiana, Inc., Party Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 1982.

Attorney(s) appearing for the Case

James D. Pembroke, Duncan, Weinbreg & Miller, P. C., Washington, D. C., for petitioner.

Joanne Leveque, Fed. Energy Reg. Comm., George F. Bruder, Bruder & Gentile, Washington, D. C., for respondent.

Before WOOD and POSNER, Circuit Judges, and WILL, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The city of Frankfort, Indiana ("Frankfort") appeals from an order of the Federal Energy Regulatory Commission (the "Commission"). The Commission, in response to a remand order from this court, affirmed the Administrative Law Judge's findings of factual differences which justify a rate disparity between Frankfort and members of the same class of municipal purchasers of electrical power. We affirm.

I.

Frankfort...

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