Iowa-Illinois Gas and Electric Company v. Ezra Taft Benson, Individually and as Secretary of Agriculture

247 F.2d 22

• Court: Court of Appeals for the D.C. Circuit
• Decided: March 12, 1957
• Docket: 13570
• Status: Published

Opinion

PER CURIAM.

The District Court was unable to distinguish this case from Kansas City Power & Light Co. v. McKay 1 and therefore concluded as a matter of law that the plaintiff, Iowa-Illinois Gas and Electric Company, had no standing to sue. Upon that basis the trial judge denied the plaintiff’s motion for a preliminary injunction. This appeal followed.

Appellant would distinguish the Kansas City case, but we are unable to find decisive differences. The order of the District Court must therefore be affirmed and the case remanded with directions to dismiss the complaint.

Affirmed and remanded.

1 . 1955, 96 U.S.App.D.C. 273, 225 F.2d 924, certiorari denied 1955, 350 U.S. 884, 76 S.Ct 137, 100 L.Ed. 780.