Federal Circuits, D.C. Cir. (January 26, 1962)
Docket number: 16694
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U.S. Court of Appeals for the 2nd Cir. - Greene County Planning Board, Petitioner, v. Federal Power Commission. Respondent. Town of Durham, New York and Association for the Preservation of Durham Valley, Power Authority of the State of New York, the Sierra Club, Intervenors. Town of Durham, New York and Association for the Preservation of Durham Valley, Petitioners, v. Federal Power Commission, Respondent., 455 F.2d 412 (2nd Cir. 1972) Petitioner, v. Federal Power Commission. Respondent. Town of Durham, New York and Association for the Preservation of Durham Valley, Power Authority of the State of New York, the Sierra Club, Intervenors. Town of Durham, New York and Association for the Preservation of Durham Valley, Petitioners, v. Federal Power Commission, Respondent.
William W. Ross and J. David Mann, Jr., Washington, D. C., for petitioner.
Howard E. Wahrenbrock, Solicitor, Federal Power Commission, for respondent.Justin R. Wolf and Charles A. Case, Jr., Washington, D. C., for intervenor.Before WILBUR K. MILLER, Chief Judge, and BAZELON and FAHY, Circuit Judges, in Chambers.PER CURIAM.Upon consideration of respondent's motion to dismiss, of intervenor's memorandum in support, of petitioner's response and of respondent's reply, and it appearing that the issues petitioner attempts to raise in this petition for review may be raised in any review of the final order of the Commission in these proceedings, it isORDERED by the Court that this petition for review be, and it is hereby, dismissed.WILBUR K. MILLER, Chief Judge, would deny the motion to dismiss without prejudice to its renewal at the hearing of this case on the merits.Try vLex for FREE for 3 days
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