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CAJUN ELEC. POWER v. GULF STATES UTILITIES

No. 90-3839.

948 F.2d 173 (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.

November 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 movant-appellant.

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., for Cajun Elec. Power Co-op.

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

PER CURIAM:

The New Orleans Public Service Commission, in its application for rehearing, contends primarily that our opinion in this case conflicts with an earlier panel opinion, Gulf States v. Alabama Power Co., 824 F.2d 1465 (5th Cir.1987). Although Gulf States v. Alabama Power is similar to today's case, for the reasons stated in our opinion, we remain convinced that our opinion does not conflict with that opinion...

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