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CAJUN ELEC. POWER CO-OP. v. GULF STATES UTILITIES

No. 90-3839.

940 F.2d 117 (1991)

CAJUN ELECTRIC POWER COOPERATIVE, INC., Plaintiff-Appellee, v. GULF STATES UTILITIES, INC., Defendant-Appellee, v. LOUISIANA PUBLIC SERVICE COMMISSION, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 26, 1991.

Attorney(s) appearing for the Case

Michael R. Fontham, Paul J. Zimmering, Alex J. Peragine, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, La., for Louisiana Public Service Com'n.

John H. Runnels, Tom F. Phillips, Taylor, Porter, Brooks & Phillips, Baton Rouge, La., for Gulf States Utilities Co.

John Schwab, John M. Sharp, Schwab & Walter, Baton Rouge, La., David L. Campbell, Joseph L. McReynolds, Deutsch, Kerrigan & Stiles, New Orleans, La., Spiegel & McDiarmid, Ballard, Kharasch, Morse, Garfinkle, Washington, D.C., for Cajun Elec. Power Co-op.

Before REYNALDO G. GARZA, HIGGINBOTHAM and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The Louisiana Public Service Commission appeals the denial of its motion to intervene under Fed.R.Civ.Pro. 24. We affirm.

I.

Cajun Electric Power Cooperative, Inc. (Cajun), a nonprofit rural electric cooperative, and Gulf States Utilities Company (Gulf), a publicly owned electric utility, entered a Joint Operating Agreement (Agreement) in 1979. Under the Agreement, Cajun agreed to contribute thirty percent of the construction...

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