United States v. Tex-La Electric Cooperative, Inc., United States of America v. Northeast Texas Electric Cooperative, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
RANDALL, Circuit Judge:
These consolidated cases come to us on appeal from the Eastern District of Louisiana and the Southern District of Texas. The single appellee, 1 Tex-La Electric Cooperative, Inc., has thus far successfully challenged the validity of the government’s new system for setting and raising the rates set out in the schedules according to which federally owned hydroelectric power is sold.
The novel situation that this case presents is this: in 1979, for the first time ever, new and higher federal electricity rates calculated pursuant to the Flood Control Act of 1944 were put into…
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