Citizens Utilities Company, Petitioner, v. Federal Power Commission, Respondent, 295 F.2d 959 (2d Cir. 1961)

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US Court of Appeals for the Second Circuit - 295 F.2d 959 (2d Cir. 1961) Argued October 30, 1961
Decided November 2, 1961

Petition to review an order of the Federal Power Commission.

On countermotions to dismiss and for stay.

Clifton G. Parker, Morrisville, Vt. (Milton S. Gould and Arthur S. Friedman, of Gallop, Climenko & Gould, New York City, and Reuben Goldberg, Washington, D. C., of counsel), for petitioner.

Howard E. Wahrenbrock, Solicitor, Federal Power Commission, Washington, D. C. (Ralph S. Spritzer, Gen. Counsel, Federal Power Commission, Washington, D. C., of counsel), for respondent.

Before CLARK and MARSHALL, Circuit Judges.

PER CURIAM.


Motion of the Federal Power Commission to dismiss the petition for review is granted and petitioner's motion for a stay is denied as moot; all issues now before us were fully decided in Citizens Utilities Co. v. F. P. C., 2 Cir., 279 F.2d 1, and are here res judicata.

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