(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 could become material only if the United States Supreme Court should (a) grant, the public utility district’s proposed petition for certiorari and (b) subsequently reverse the decision of the Court of Appeals. None of the parties are seeking a stay of proceedings in this case until the United States Supreme Court disposes of that case.
*654For the reasons stated in the dissenting opinions in the instant case (Beezer v. Seattle, ante p. 239, 373 P. (2d) 796), the remand of this case at this time is a useless act and will impose on the litigants unnecessary labor and expense.
Assuming that the pending petition for rehearing in this court will be denied, I would grant the city’s motion to dismiss the appeal.
Finley, C. J., and Hamilton, J., concur with Donworth, J.