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ALABAMA POWER CO. v. FEDERAL POWER COMMISSION

No. 10227.

134 F.2d 602 (1943)

ALABAMA POWER CO. v. FEDERAL POWER COMMISSION.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 28, 1943.

Attorney(s) appearing for the Case

William M. Maloney, P. W. Turner, and Walter Bouldin, all of Birmingham, Ala., for petitioner.

Charles V. Shannon and Richard J. Connor, Gen. Counsels, Wallace H. Walker, Atty., and Louis W. McKernan, Principal Atty., Federal Power Commission, all of Washington, D. C. (Jacob Goldberg, of Washington, D. C., of counsel), for respondent.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

Pursuant to Section 4(b) of the Federal Power Act, as amended, 16 U.S.C.A. § 797(b), the Federal Power Commission had hearings to determine the actual legitimate original cost of Alabama Power Company's Martin Dam project on the Tallapoosa River in Alabama, built under a license issued by the Commission on June 6, 1923, to Alabama Interstate Power Company (herein called Interstate) and transferred by the Commission's consent to Alabama...

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