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UNITED STATES v. CITY OF FULTON

No. 84-1725.

475 U.S. 657 (1986)

106 S.Ct. 1422

89 L.Ed.2d 661

UNITED STATES v. CITY OF FULTON ET AL.

Supreme Court of United States.

Decided April 7, 1986

Attorney(s) appearing for the Case

Andrew J. Pincus argued the cause for the United States. With him on the briefs were Solicitor General Fried, Acting Assistant Attorney General Willard, Deputy Solicitor General Geller, David M. Cohen, and John W. Showalter.

Charles F. Wheatley, Jr., argued the cause and filed a brief for respondents.*

JUSTICE MARSHALL delivered the opinion of the Court.

This case presents the question whether the Secretary of Energy violated § 5 of the Flood Control Act of 1944, 16 U. S. C. § 825s, or his contractual obligations by putting rates for hydroelectric power generated at federally owned dams into effect on an interim basis pending further review by the Federal Energy Regulatory Commission. The Court of Claims held that the Secretary's actions exceeded his contractual...

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