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NEW ORLEANS PUBLIC SERV. v. COUNCIL OF NEW ORLEANS

No. 87-3049.

833 F.2d 583 (1987)

NEW ORLEANS PUBLIC SERVICE, INC., and System Energy Resources, Inc., Plaintiffs-Appellants, v. The COUNCIL OF the CITY OF NEW ORLEANS, Sidney J. Barthelemy, Joseph I. Giarrusso, Bryan Wagner, Lambert C. Boissiere, Jr., Michael Early, James Singleton, and Ulysses Williams, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 19, 1988.

Attorney(s) appearing for the Case

Herschel L. Abbott, Jr., Jones, Walter, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., Joseph L. Blount, Jackson, Miss., Thomas O. Lind, Wm. D. Meriwether, Jr., New Orleans, La., for plaintiffs-appellants.

Clinton A. Vince, Washington, D.C., Bruce E. Naccari, Beverly Jackson Zervigon, Augustine, Bagert, McConduit & Hilferty, Olka Jones, II, City Atty., New Orleans, La., L. John Osborn, Bernhardt K. Wruble, Nancy A. Wodka, Washington, D.C., for defendants-appellees.

Before GOLDBERG, JOHNSON, and WILLIAMS, Circuit Judges.

JOHNSON, Circuit Judge:

New Orleans Public Service, Inc. (NOPSI), and System Energy Resources, Inc. (SERI), two privately held utility companies, appeal the dismissal of their suit to enjoin the New Orleans City Council from forcing the companies to absorb the costs of an ill-fated nuclear power plant. Because we agree with the district court that the controversy is not ripe for resolution, we affirm.

I. BACKGROUND

SERI, formerly Middle South Energy...

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