United States First Circuit

In a case wherein the district court enjoined a state public utilities commission from enforcing an order purportedly issued under the Public Utility Regulatory Policies Act of 1978, the judgment is reversed and matter dismissed where: 1) the suit was barred by the statute of limitations; and 2) even if the statute of limitations had not expired, plaintiff's claim for injunctive relief called upon equitable powers of the federal court, and thus it would be inherently inequitable to allow the action to proceed and allow any relief to be granted.

Appellate Information

• Decided 05/15/2008
• Published 05/15/2008

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, TASHIMA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mary E. Maloney, Assistant Attorney General, New Hampshire Department of Justice, with whom Kelly A. Ayotte, Attorney General, was on brief for appellant.


• For Appellees:
  
• Thomas J. Donovan with whom Sarah B. Knowlton, Joel T. Emlen, and McLane, Graf, Raulerson & Middleton, Professional Association were on brief for appellee.