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PUBLIC UTILITY DIST. v. BIG BEND ELEC. CO-OP., INC.

No. 77-3904.

618 F.2d 601 (1980)

PUBLIC UTILITY DISTRICT NO. 1 OF FRANKLIN COUNTY, a municipal corporation, Plaintiff-Appellant, v. BIG BEND ELECTRIC COOPERATIVE, INC., a corporation, and United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 12, 1980.

Attorney(s) appearing for the Case

John G. Schultz, Leavy, Taber, Schultz, Bergdahl & Sweeney, Pasco, Wash., for plaintiff-appellant.

John M. Klobucher, Robert M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for defendants-appellees.

Before GOODWIN and FERGUSON, Circuit Judges, and WILLIAMS, District Judge.

PER CURIAM.

Public Utility District No. 1 of Franklin County (PUD) attempted under a state condemnation statute to acquire property from Big Bend Electric Cooperative, Inc. The district court granted Big Bend a summary judgment. We affirm.

PUD is a municipal corporation, Big Bend is a private nonprofit membership corporation. Both corporations are organized under the laws of the State of Washington; both furnish electrical energy to residents of Franklin County...

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