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U.S. v. APPALACHIAN POWER CO.

No. 12.

311 U.S. 377 (1940)

61 S.Ct. 291

85 L.Ed. 243

UNITED STATES v. APPALACHIAN ELECTRIC POWER CO.

Supreme Court of United States.

Decided December 16, 1940.

Attorney(s) appearing for the Case

Solicitor General Biddle, with whom Messrs. John W. Aiken, Warner W. Gardner, Melvin H. Siegel, William S. Youngman, Jr., David W. Robinson, Jr., Gregory Hankin, and Willard W. Gatchell were on the brief, for the United States.

Mr. Raymond T. Jackson, with whom Messrs. A. Henry Mosle, Creswell M. Micou, Fraser M. Horn, Wendell W. Forbes, M.W. Belcher, Jr., and John L. Abbot were on the brief, for respondent. . . . commerce actually in esse or at least . . . in posse is

MR. JUSTICE REED delivered the opinion of the Court.

This case involves the scope of the federal commerce power in relation to conditions in licenses, required by the Federal Power Commission, for the construction of hydroelectric dams in navigable rivers of the United States. To reach this issue requires, preliminarily, a decision as to the navigability of the New River, a water-course flowing through Virginia and West Virginia...

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