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NATIONAL RURAL ELEC. CO-OP. ASS'N v. S.E.C.

No. 00-1371.

276 F.3d 609 (2002)

NATIONAL RURAL ELECTRIC COOPERATIVE ASSOCIATION and American Public Power Association, Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent. American Electric Power Company, Inc. and Paul S. Davis, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 2002.

Attorney(s) appearing for the Case

Scott Hempling argued the cause for petitioners. With him on the briefs was David S. Lapp. Richard B. Geltman entered an appearance.

John W. Avery, Special Counsel, Securities & Exchange Commission, argued the cause for respondent. With him on the brief was Eric Summergrad, Deputy Solicitor.

J. A. Bouknight Jr. argued the cause for intervenor. With him on the brief were Samuel T. Perkins, Cynthia L. Taub and Niki Kuckes. Douglas G. Green entered an appearance.

Before: EDWARDS, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Securities and Exchange Commission authorized American Electric Power Company, which provides electricity services in a number of eastern and midwestern states, to acquire a company that provides electricity services in several distant southern and southwestern states. Challenging the Commission's decision, two electric utility associations argue that the post-acquisition company...

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