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NEW ORLEANS PUBLIC SERV. v. COUNCIL OF NEW ORLEANS

No. 88-3194.

850 F.2d 1069 (1988)

NEW ORLEANS PUBLIC SERVICE, INC., Plaintiff-Appellant, v. THE COUNCIL OF the CITY OF NEW ORLEANS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 28, 1988.

Attorney(s) appearing for the Case

Herschel L. Abbott, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Thomas O. Lind, Vice-President, Regulatory Counsel, NOPSI, New Orleans, La., for plaintiff-appellant.

Okla Jones, II, City Atty., Council Utility Regulatory Office, Bruce E. Naccari, Beverly Zervigon, Asst. City Attys., Walter J. Wilkerson, New Orleans, La., Clinton A. Vince, Bernhardt K. Wruble, Nancy Wodka, McPherson & Hand, Washington, D.C., for defendants-appellees.

Before RUBIN, GARZA and JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In 1986 this court decided that a federal district court had not abused its discretion in abstaining from deciding federal issues presented in suit to enjoin a state agency's proceeding to fix the retail rates that might be charged by a public utility. Bound by this decision, we hold again that the same district court did not abuse its discretion in failing to take jurisdiction over issues of federal law at a later stage of the same...

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