295 F2d 959 Citizens Utilities Company v. Federal Power Commission

295 F.2d 959

CITIZENS UTILITIES COMPANY, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent.

Docket 27168.

United States Court of Appeals Second Circuit.

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.

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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.