Beezer v. City of Seattle

(dissenting) — The decision of the United States Court of Appeals for the District of Columbia, Public Util. Dist. No. 1 of Pend Oreille Cy. v. Federal Power Comm., filed August 30, 1962, 308 F. (2d) 318, held that there was no need to decide the only question involved in the present case because the city of Seattle had authority under § 21 of the Federal Power Act (16 U. S. C. § 814) to condemn the property of the public utility district.

The result of the above majority opinion is to remand the present case to the trial court for the trial of an issue of fact which is now immaterial. It…