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PUBLIC UTILITY DIST. NO. 1 v. JOHNSON

No. 82-7567.

855 F.2d 647 (1988)

PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY, Petitioner, v. Peter T. JOHNSON, as Administrator of the Bonneville Power Administration; Department of Energy; James B. Edwards, as Secretary of the Department of Energy; and the United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1988.

Attorney(s) appearing for the Case

Donald Russo, Blair, Schaefer, Hutchinson, Wynne, Potter & Horton, Vancouver, Wash., for petitioner.

Bruce G. Forrest, Dept. of Justice, Civil Div., Washington, D.C., for respondents.

Before SCHROEDER and BEEZER, Circuit Judges, and GRAY, District Judge.

SCHROEDER, Circuit Judge:

Public Utility District No. 1 of Clark County, Washington originally filed this action in this court in 1982 challenging the Bonneville Power Administration's decision that it would not purchase one of PUD's power resources. In this case's early stages, neither the nature of the BPA's actions being challenged, nor the nature of the claims being asserted were clear. The case came before a motions panel of this

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