Opinion
Docket 27168.
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.
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.