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ARCADIA v. OHIO POWER CO.

No. 89-1283.

498 U.S. 73 (1990)

ARCADIA, OHIO, ET AL. v. OHIO POWER CO. ET AL.

Supreme Court of the United States.

Decided November 27, 1990.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioners. With him on the briefs were Rex E. Lee, Gregg D. Ottinger, and John P. Williams.

Deputy Solicitor General Wallace argued the cause for the Federal Energy Regulatory Commission, as respondent under this Court's Rule 12.2, in support of petitioners. With him on the joint briefs for this respondent and for the Securities and Exchange Commission urging reversal were Acting Solicitor General Roberts, James A. Feldman, William S. Scherman, Jerome M. Feit, Joseph S. Davies, Timm L. Abendroth, and Daniel L. Goelzer.

Edward Berlin argued the cause for respondents. With him on the brief for respondent Ohio Power Co. were Kenneth G. Jaffe, A. Joseph Dowd, John F. DiLorenzo, Jr., and Edward J. Brady. T. D. Kauffelt filed a brief for respondents LCP Chemicals, Inc., et al.*

JUSTICE SCALIA delivered the opinion of the Court.

This case concerns the interpretation of § 318 of the Federal Power Act, as added, 49 Stat. 863, 16 U. S. C. § 825q, entitled "Conflict of jurisdiction," which governs certain overlapping responsibilities of the Federal Energy Regulatory Commission (FERC) and the Securities and Exchange Commission (SEC) in the regulation of power companies under the Public Utility Act of 1935, 49 Stat. 803.

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