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United States Ninth Circuit


PUBLIC UTILITY DIST. NO. 1 v. IDACORP, INC., 03-35207

Dismissal of plaintiff's contract-related claims, alleging that it was forced to pay exorbitant prices for electricity, is affirmed on grounds of preemption; however, plaintiff is allowed to amend its complaint in a manner that would not intrude upon the rate-setting jurisdiction of the federal government.

Appellate Information

  • Argued 06/10/2004
  • Decided 08/10/2004
  • Published 08/10/2004

Judges

  • PREGERSON, Circuit Judge., Before PREGERSON, THOMPSON, and CALLAHAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • William J. Ohle, Schwabe, Williamson & Wyatt, Portland, OR, for the plaintiff-appellant.

  • For Appellees:
  • Gordon E. Erspamer, Morrison & Foerster, Walnut Creek, CA, for the defendants-appellees.
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