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F. P. C. v. TUSCARORA INDIAN NATION

No. 63.

362 U.S. 99 (1960)

80 S.Ct. 543

4 L.Ed.2d 584

FEDERAL POWER COMMISSION v. TUSCARORA INDIAN NATION.

Supreme Court of United States.

Decided March 7, 1960.

Attorney(s) appearing for the Case

Solicitor General Rankin argued the cause for petitioner in No. 63. With him on the brief were Assistant Attorney General Doub, Samuel D. Slade, Lionel Kestenbaum, Willard W. Gatchell, John C. Mason, Leonard D. Eesley and Joseph B. Hobbs.

Thomas F. Moore Jr. argued the cause for petitioner in No. 66. With him on the brief were Samuel I. Rosenman, Frederic P. Lee and John R. Davison.

Arthur Lazarus, Jr. argued the causes for respondent. With him on the brief was Eugene Gressman.

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

The ultimate question presented by these cases is whether certain lands, purchased and owned in fee simple by the Tuscarora Indian Nation and lying adjacent to a natural power site on the Niagara River near the town of Lewiston, New York, may be taken for the storage reservoir of a hydroelectric power project, upon the payment of just compensation, by the Power Authority of the State of New York under a license...

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