Atlanta Gas Light Company v. Federal Power Commission, Cities Service Company and City of McCaysville Georgia, Intervenors

BAZELON, Chief Judge:'

The Federal Power Commission held petitioner’s request for a jurisdictional ruling in abeyance pending resolution of a border dispute. Because we find the Commission has an obligation to resolve the jurisdictional issue, we reverse.

I

In 1818, two mathematicians, James Camaek and James S. Gaines, were commissioned by Georgia and Tennessee to survey the 35th parallel north latitude in order to fix the boundary between the states.1 Had they done their job well this ease would not be before us. Due, however, to poor instruments, the Camack-Gaines line ended up roughly one…