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CITY OF KAUKAUNA, WIS. v. F.E.R.C.

No. 99-1770.

214 F.3d 888 (2000)

CITY OF KAUKAUNA, WISCONSIN, Inter Lake Papers, Inc., and Wisconsin Electric Power Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 6, 2000

Attorney(s) appearing for the Case

Douglas B. Clark (argued), Katherine Stadler, Foley & Lardner, Madison, WI, for Petitioners.

Lona T. Perry (argued), Federal Energy Regulatory Commission, Washington, DC, for Respondent.

Before BAUER, CUDAHY and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

Central Wisconsin and its medial artery, the Fox River, are a rich source of history, as this case reveals.

In this case, the petitioners each operate hydropower projects at federally owned dams on the Lower Fox River (the part of the river below Lake Winnebago). All of these projects are located downstream of the government-owned dam at Menasha (the Menasha dam), which controls the level of Lake Winnebago and regulates the flow of the...

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