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BD. OF ELEC. LIGHT COM'RS, ETC. v. McCARREN

Cal. Nos. 154, 325, Dockets 82-7955, 83-7021.

725 F.2d 176 (1983)

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

United States Court of Appeals, Second Circuit.

Decided December 30, 1983.

Attorney(s) appearing for the Case

Harriet Ann King, Waitsfield, Vt. (Thomas Wies, Vermont Public Service Bd., Montpelier, Vt., of counsel), for defendants-appellants.

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

Nancy Goss Sheahan, Burlington, Vt. (McNeil, Murray & Sorrell, Inc., Burlington, Vt., of counsel), for plaintiffs-appellees.

Before FRIENDLY, VAN GRAAFEILAND and MESKILL, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the District of Vermont, (Holden, C.J.), 563 F.Supp. 374, which prohibited the Vermont Public Service Board from assuming jurisdiction over the licensing of appellees' proposed hydroelectric project.

The City of Burlington Electric Light Department (Burlington) is seeking to construct a hydroelectric facility (the...

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