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BD. OF ELEC. LIGHT COM'RS OF BURLINGTON v. McCARREN

Civ. A. No. 82-64.

563 F.Supp. 374 (1982)

The BOARD OF ELECTRIC LIGHT COMMISSIONERS OF the CITY OF BURLINGTON, the City of Burlington Electric Light Department, and the City of Burlington v. V. Louise McCARREN, individually in her official capacity as Chairman of the State of Vermont Public Service Board and Rosalyn L. Hunneman and Samuel S. Bloomberg, individually in their official capacities as members of the State of Vermont Public Service Board City of Winooski, Intervenor.

United States District Court, D. Vermont.

December 9, 1982.

Attorney(s) appearing for the Case

Nancy G. Sheahan, McNeil, Murray & Sorrell, Inc., Burlington, Vt., for plaintiffs.

Harriet A. King, King & King, Waitsfield, Vt., for defendants.

William E. Wargo, City Atty., Winooski, Vt., for intervenor.

MEMORANDUM OF DECISION

HOLDEN, Chief Judge.

The plaintiffs in this action seek declaratory and injunctive relief against the enforcement of the order entered by a majority of the Vermont Public Service Board in Petition of the City of Winooski, P.S.B. Docket No. 4606 (Feb. 9, 1982). That order purported to assert the jurisdiction of the Public Service Board over the licensing of the Chace Mill hydroelectric project which

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