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PATAULA ELEC. MEMBERSHIP CORP. v. WHITWORTH

No. 91-8098.

951 F.2d 1238 (1992)

PATAULA ELECTRIC MEMBERSHIP CORPORATION, Plaintiff-Appellant, v. Bobby WHITWORTH, Individually and in his official capacity as Department of Corrections Commissioner, Clyde Stovall, Individually and in his official capacity as Assistant Commissioner of Department of Corrections, David C. Evans, Individually, Georgia Power Company, Defendants-Appellees. FLINT ELECTRIC MEMBERSHIP CORPORATION, Plaintiff-Appellant, v. Bobby WHITWORTH, Individually and in his official capacity as Department of Corrections Commissioner, Clyde Stovall, Individually and in his official capacity as Assistant Commissioner of Department of Corrections, David C. Evans, Individually, Georgia Power Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 29, 1992.

Attorney(s) appearing for the Case

James Allen Orr, Kathy Renee Bess, Paul, Hastings, Janofsky & Walker, Atlanta, Ga., James Elwood Friese, Cuthbert, Ga., for plaintiff-appellant.

William F. Amideo, Asst. Atty. Gen., Atlanta, Ga., Daryl Alan Robinson, Neal B. Childers, for defendants-appellees.

Robert P. Edwards, Jr., Troutman, Sanders, Lockerman, & Ashmore, Susan P. Wilkerson, Carlton E. Johnson, Atlanta, Ga., for Georgia Power Co.

Before JOHNSON, CLARK, and PECK, Senior Circuit Judges.

JOHNSON, Senior Circuit Judge:

This case arises on appeal following the district court's dismissal of plaintiffs' complaints for failure to demonstrate a constitutionally protected property interest in the award of utility contracts. For the reasons that follow, we reverse the order of dismissal.

I. STATEMENT OF THE CASE

In April of 1989, Pataula Electric Membership Corporation (Pataula EMC) and Georgia Power Company (Georgia Power) submitted bids...

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