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E. & J. GALLO WINERY v. ENCANA CORP.

No. 05-17352.

503 F.3d 1027 (2007)

E. & J. GALLO WINERY, Plaintiff-Appellee, v. ENCANA CORPORATION, formerly known as Pancanadian Energy Corporation; WD Energy Services Inc., formerly known as EnCana Energy Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2007.

Attorney(s) appearing for the Case

Richard P. Levy, David A. Battaglia, James P. Fogelman, Julian W. Poon and J. Christopher Jennings, Gibson, Dunn & Crutcher, LLP, Los Angeles, CA, for defendant-appellant EnCana Corporation formerly known as PanCanadian Energy Corporation; WD Energy Services, Inc., formerly known as EnCana Energy Services.

Joseph W. Cotchett, Frank M. Pitre, Steven N. Williams, and Barbara L. Lyons, Cotchett, Pitre, Simon & McCarthy, Burlingame, CA; D. Greg Durbin and Timothy J. Buchanan, McCormick, Barstow, Sheppard, Wayte & Carruth, LLP, Fresno, CA; G. Kip Edwards, Kings Beach, CA, for plaintiff-appellee E. & J. Gallo Winery.

Before: B. FLETCHER, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.

IKUTA, Circuit Judge:

E. & J. Gallo Winery ("Gallo") alleged that EnCana Corp., a natural gas supplier, and WD Energy Services, Inc., a wholly-owned marketing subsidiary of EnCana Corp. (collectively "EnCana"), along with multiple unnamed coconspirators, inflated the price Gallo paid for natural gas through their violations of state and federal antitrust laws. EnCana sought summary judgment on the ground that the filed rate doctrine and federal preemption bar...

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