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MIDDLE SOUTH ENERGY, INC. v. CITY OF NEW ORLEANS

No. 85-3619.

800 F.2d 488 (1986)

MIDDLE SOUTH ENERGY, INC. and New Orleans Public Service Inc., Plaintiffs-Appellants, v. The CITY OF NEW ORLEANS and the Council of the City of New Orleans, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 24, 1986.

Attorney(s) appearing for the Case

Charles W. Lane, III, Joseph P.H. Babington, Herschel L. Abbott, Jr., New Orleans, La., for plaintiffs-appellants.

Bruce E. Naccari, Michael L. Martin, Asst. City Atty., Thomas W. Milliner, Beverly Jackson Zervigon, Salvador Anzelmo, New Orleans, La., for defendants-appellees.

Before BROWN, REAVLEY, and JONES, Circuit Judges.

EDITH HOLLAN JONES, Circuit Judge:

New Orleans Public Service, Inc. (NOPSI), an electrical utility company serving the City of New Orleans (City), appeals from the denial of declaratory and injunctive relief aimed at preventing the City from exercising an option to purchase the utility. Because the district court properly concluded that the dispute is not ripe for adjudication, we AFFIRM.

NOPSI has provided electric power to the City since 1922 under a franchise...

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