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INDIANA MUNICIPAL POWER AGENCY v. F.E.R.C.

No. 93-1855.

56 F.3d 247 (1995)

INDIANA MUNICIPAL POWER AGENCY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Indiana Michigan Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1995.

Attorney(s) appearing for the Case

Thomas C. Trauger argued the cause for petitioner. With him on the briefs were James N. Horwood, Daniel I. Davidson, Paul D. Bruner and James R. McClarnon.

Janet K. Jones, F.E.R.C., argued the cause for respondent. Jerome M. Feit, Sol., Joseph S. Davies, Jr., Deputy Sol., and Timm L. Abendroth, F.E.R.C., were on the brief for respondent.

Edward J. Brady argued the cause for intervenor. With him on the brief was Marvin I. Resnik.

Before: WALD, SILBERMAN and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge TATEL.

Dissenting opinion filed by Circuit Judge WALD.

TATEL, Circuit Judge:

The Indiana Municipal Power Agency, an association of wholesale consumers of electric power, petitions this court for review of an order of the Federal Energy Regulatory Commission ruling that intervenor Indiana Michigan Power Company did not violate the Federal Power Act, FERC regulations...

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