BRAZOS ELEC. POWER CO-OP. v. SOUTHWESTERN POWER ADM.

Civ. A. No. W-84-CA-101.

627 F.Supp. 350 (1985)

BRAZOS ELECTRIC POWER COOPERATIVE, INC., Plaintiff, v. SOUTHWESTERN POWER ADMINISTRATION, et al., Defendants. and Rayburn Country Electric Cooperative, Inc., Tex-La Electric Cooperative, Inc., et al., Defendant-Intervenors.

United States District Court, W.D. Texas, Waco Division.

December 30, 1985.


Attorney(s) appearing for the Case

R. Coke Mills and Joseph Robert Riley, Mills, Riley & Millar, Waco, Tex., Robert A. Jablon, Cynthia S. Bogorad, Donald Weightman, Spiegel & McDiarmid, Washington, D.C., for plaintiff.

Helen Milburn Eversberg, U.S. Atty., W.D. of Tex., San Antonio, Tex., Dennis G. Linder, Mac Vassamelli, Dept. of Justice, Washington, D.C., for defendants, Southwestern Power Admin., William H. Clagett, Dept. of Energy and Donald Hodel.

Robert D. Willis, Livingston, Tex., for defendant-intervenor Southwestern Power Resources Ass'n, Inc.

Clinton A. Vince, Bernhardt K. Wruble and Paul E. Nordstrom, Verner, Liipfert, Bernhard & McPherson, Washington, D.C., Phillip E. McCleery, Sheehy, Lovelace & Mayfield, P.C., Waco, Tex., for defendant-intervenor Rayburn Country Elec. Co-op. Inc.

Ralph J. Gillis, Hingham, Mass., Robert D. Willis, Livingston, Tex., for defendants-intervenors Sam Rayburn Dam Elec. Co-op. Inc. and Sam Rayburn Mun. Power Agency, Inc.

Ralph J. Gillis, Hingham, Mass., for defendant-intervenor Sam Rayburn G & T, Inc.

William H. Burchette, Christine C. Ryan, Heron, Burchette, Ruckert & Rothwell, Washington, D.C., Richard C. Balough, Heron, Burchette, Ruckert & Rothwell, Austin, Tex., for defendant-intervenor Tex-La Elec. Co-op. Inc. and Texas Elec. Co-op. of Texas.


ORDER

WALTER S. SMITH, Jr., District Judge.

Came on this day to be considered the motions for summary judgment filed by each of the parties. Having reviewed the numerous and voluminous briefs and supporting documents filed by all parties and after considering said material and the arguments of counsel, the Court is of the opinion that Plaintiff's Motion for Summary Judgment is properly denied and Defendants' Motions for Summary Judgment are properly granted...

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