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ALABAMA ELEC. CO-OP., INC. v. F. E. R. C.

No. 81-1797.

684 F.2d 20 (1982)

ALABAMA ELECTRIC COOPERATIVE, INC., et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Municipal Electric Utility Association of Alabama, et al., Alabama Power Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1982.

Attorney(s) appearing for the Case

D. Biard MacGuineas, Washington, D. C., with whom Bennett Boskey, Washington, D. C., was on the brief, for petitioners.

Joel M. Cockrell, Atty., F.E.R.C., Washington, D. C., with whom Charles A. Moore, Gen. Counsel, and Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D. C., were on the brief, for respondent.

Arnold Fieldman, Washington, D. C., with whom Robert A. Buettner and Rodney O. Mundy, Birmingham, Ala., were on the joint brief for intervenors, Alabama Power Co. and Municipal Elec. Utility Ass'n of Alabama, et al.

Before MacKINNON and WILKEY, Circuit Judges, and GREENE, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

If the usual setting for an allegation of unlawful rate discrimination is a case where a utility applies different rates or charges to groups of customers which are claimed to be similarly situated, then this is the unusual case. We are called upon to determine whether an application of the same rate to two groups of customers which are similar in many respects may nevertheless...

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