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SAFE HARBOR WATER POWER CORP. v. UNITED STATES

No. 1098.

37 F.Supp. 9 (1941)

SAFE HARBOR WATER POWER CORPORATION v. UNITED STATES et al.

District Court, E. D. Pennsylvania.

Appeal Dismissed May 12, 1941.

Attorney(s) appearing for the Case

George T. Hambright, of Lancaster, Pa., and Charles Markell, of Baltimore, Md., for plaintiff.

Francis M. Shea, Asst. Atty. Gen., Sidney J. Kaplan, Sp. Asst. to the Atty. Gen., and Martin Norr, Sp. Atty., Department of Justice, of Washington, D. C., Gerald A. Gleeson, U. S. Atty., and J. Barton Rettew, Jr., Asst. U. S. Atty., both of Philadelphia, Pa., for defendants.

Appeal Dismissed May 12, 1941. See 61 S.Ct. 1084, 85 L.Ed. ___.

BARD, District Judge.

This comes before the Court on a motion by the defendants to dismiss the complaint and in the alternative for summary judgment dismissing the complaint.

Plaintiff is a licensee under a license issued by the Federal Power Commission and operates a hydroelectric plant for the generation of electricity on the Susquehanna River at Safe Harbor about eight miles south of...

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