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PUBLIC UTIL., GRAYS HARBOR, WA v. IDACORP

No. 03-35207.

379 F.3d 641 (2004)

PUBLIC UTILITY DISTRICT NO. 1 OF GRAYS HARBOR COUNTY WASHINGTON, Plaintiff-Appellant, v. IDACORP INC., an Idaho corporation; Idaho Power Company, an Idaho corporation; IDACORP Energy L.P., a Delaware limited partnership, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2004.

Attorney(s) appearing for the Case

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

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

Before PREGERSON, THOMPSON, and CALLAHAN, Circuit Judges.

PREGERSON, Circuit Judge.

This dispute arises out of the West Coast's recent energy crisis. The case involves contract-related claims against energy wholesalers by a public utility which contends it was forced to pay exorbitant prices for electricity. The utility's case was dismissed by the district court because its claims were found to be preempted. For the reasons discussed below, we affirm in part and remand.

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