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MODESTO IRRIGATION DIST. v. PACIFIC GAS & ELEC. CO.

No. C-98-3009 MHP.

61 F.Supp.2d 1058 (1999)

MODESTO IRRIGATION DISTRICT, Plaintiff, v. PACIFIC GAS & ELECTRIC COMPANY, and Dynergy Power Services, Inc., as successor to Destec Power Services, Inc., Defendants.

United States District Court, N.D. California.

August 20, 1999.

Attorney(s) appearing for the Case

Scott T. Steffen, Modesto Irrigation District, Modesto, CA, Maxwell M. Blecher, Blecher & Collins, PC, Los Angeles, CA, for plaintiff.

Robert A. Mittelstaedt, Pillsbury Madison & Sutro LLP, San Francisco, Ca, for Destec Energy, Inc., defendant.

Marie L. Fiala, Kirk G. Werner, M. Fehrenbacher Claire, Heller Ehrman White & McAuliffe, San Francisco, CA, for Pacific Gas & Elec. Co., defendant.

MEMORANDUM AND ORDER

PATEL, Chief Judge.

On August 3, 1998, plaintiff Modesto Irrigation District, Inc. ("MID") filed this action alleging that defendants Pacific Gas & Electric Company ("PG & E") and Dynergy Power Services, Inc. ("DESTEC") refused to deliver wholesale electric power to NM in violation of federal and state antitrust laws and state tort laws. In particular, MID alleged (1) violations of section I of the Sherman Act, 15 U.S...

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