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ATLANTA GAS LIGHT COMPANY v. FEDERAL POWER COMMISSION

No. 72-1805.

495 F.2d 1070 (1974)

ATLANTA GAS LIGHT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Cities Service Company and City of McCaysville, Georgia, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 1974.

Attorney(s) appearing for the Case

Albert G. Norman, Jr., Atlanta, Ga., of the bar of the Supreme Court of Georgia, pro hac vice, by special leave of court, for petitioner. John E. Holtzinger, Jr., and Frederick Moring, Washington, D. C., were on the brief for petitioner.

William M. Sawyer, Atty., F.P.C., with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Acting Sol., F.P.C., were on the brief, for respondent.

Dale A. Wright, Washington, D. C., was on the brief, for intervenors Cities Service Co. and City of McCaysville, Ga., et al.

Before BAZELON, Chief Judge, and ROBB and WILKEY, Circuit Judges.

BAZELON, Chief Judge :

The Federal Power Commission held petitioner's request for a jurisdictional ruling in abeyance pending resolution of a border dispute. Because we find the Commission has an obligation to resolve the jurisdictional issue, we reverse.

I

In 1818, two mathematicians, James Camack and James S. Gaines, were commissioned by Georgia and Tennessee to survey the 35th parallel north latitude in order to fix the boundary between the states...

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