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TRI-STATE GENERATION v. SHOSHONE RIVER POWER, INC.

No. 86-1413.

805 F.2d 351 (1986)

TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., a Colorado corporation, Plaintiff-Appellant, v. SHOSHONE RIVER POWER, INC., a Wyoming corporation; H. David Brannon, a Wyoming resident; Alan Siggins, a Wyoming resident; Martin Nielsen, a Wyoming resident; John S. Bereman, a Wyoming resident; and Rick Wogoman, a Wyoming resident, acting in their official capacity as directors of Shoshone River Power, Inc.; and Pacificorp, a Maine corporation, doing business as Pacific Power & Light Company, Defendants-Appellees, United States of America on Behalf of Rural Electrification Administration, National Rural Electric Cooperative Association and National Rural Utilities Cooperative Finance Corporation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 13, 1986.

Attorney(s) appearing for the Case

Michael A. Williams, of Sherman & Howard, Denver, Colo. (Robert E. Youle and Edward A. Gleason, of Sherman & Howard, and James L. Applegate of Hirst & Applegate, P.C., Cheyenne, Wyo., with him on briefs), for plaintiff-appellant.

Stephen S. Walters, of Stoel, Rives, Boley, Fraser & Wyse, Portland, Or. (Roy Pulvers, of Stoel, Rives, Boley, Fraser & Wyse and Stanley K. Hathaway, of Hathaway, Speight and Kunz, Cheyenne, Wyo., with him on briefs), for defendants-appellees.

Diane Ennist, Civil Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen. and J. Christopher Kohn, Civil Div., Dept. of Justice, Wallace F. Tillman and Michael D. Oldak, National Rural Elec. Co-op Ass'n, John List, National Rural Utilities Co-op Finance Corp. and Richard M. Sharp, of Shea & Gardner, Washington, D.C., on brief), for amici curiae.

Before McKAY, SEYMOUR and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

Tri-State Generation and Transmission Association, Inc. (Tri-State) asks this court to determine whether the trial court erred in dissolving a preliminary injunction that enjoined completion of the sale of Shoshone River Power, Inc.'s (Shoshone) assets to Pacific Power & Light Company (Pacific). The issue before this court is whether the trial court abused its discretion in failing to enjoin the sale of Shoshone's assets pending the outcome...

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