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SOUTHERN CALIFORNIA GAS CO. v. CITY OF SANTA ANA

Nos. 02-55885, 02-56298.

336 F.3d 885 (2003)

SOUTHERN CALIFORNIA GAS COMPANY, a California Utility Corporation, Plaintiff-Appellee, v. CITY OF SANTA ANA, a Municipal Corporation, Defendant-Appellant. Southern California Gas Company, a California Utility Corporation, Plaintiff-Appellee, v. City of Santa Ana, a Municipal Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2003.

Attorney(s) appearing for the Case

Benjamin Kaufman, Chief Assistant City Attorney, Santa Ana, CA, for defendant-appellant.

David A. Battaglia, Gibson, Dunn & Crutcher, Los Angeles, CA, for plaintiff-appellee.

Martin L. Greenman, Deputy City Attorney, San Francisco, CA, for amici curiae, City and County of San Francisco, et al.

Clifford E. Yin, Coblentz, Patch, Duffy & Bass, San Francisco, CA, for amicus curiae, Pacific Gas and Electric Co.; Richard Tom, Southern California Edison Co, Rosemead, CA, for amicus curiae; Kevin B. Belford, American Gas Association, Washington, DC, for amicus curiae; Henry D. Bartholomot, Edison Electric Institute, Washington, DC, for amicus curiae.

Before HALL, THOMAS, and PAEZ, Circuit Judges.

PER CURIAM Opinion; Concurrence by Judge THOMAS.

OPINION

PER CURIAM.

The City of Santa Ana appeals an order of the district court granting summary judgment in favor of the Southern California Gas Company. The district court held that the City's trench cut fee could not be constitutionally applied to the Gas Company, because such an application would violate the Contracts Clause of the federal constitution. See U.S. Const. art. I, § 10...

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