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CITY OF MORGAN CITY v. SOUTH LOUISIANA ELEC.

Civ. A. No. 91-0523.

837 F.Supp. 194 (1993)

CITY OF MORGAN CITY v. SOUTH LOUISIANA ELECTRIC, et al.

United States District Court, W.D. Louisiana, Lafayette-Opelousas Division.

February 25, 1993.

Attorney(s) appearing for the Case

Dale Hugh Hayes, Leonard & Hayes, Morgan City, LA, John D. Whitler, Wallace E. Brand, Brand, Beeny, Berger & Whitler, Washington, DC, for City of Morgan City.

James L. Alcock, Jr., John Schwab, William E. Hodgkins, Schwab & Walter, Baton Rouge, LA, for Cajun Elec. Power Co-op. Inc.

James M. Funderburk, Duval, Funderburk, Sundbery & Lovell, Houma, LA, for South Louisiana Elec. Co-op. Ass'n.

J. Christopher Kohn, U.S. Dept. of Justice, Civ. Div., Washington, DC, Carl E. Perry, Asst. U.S. Atty., Lafayette, LA, Douglas J. Hughes, James G. Bruen, Jr., U.S. Dept. of Justice, Washington, DC, for U.S., thru Rural Electrification Administration (REA).

David W. Leefe, Liskow & Lewis, New Orleans, LA, Clifton S. Elgarten, Amy J. Mauser, Crowell & Moring, Washington, DC, for American Public Power Ass'n, amicus, Nat. Institute of Mun. Law Officers, amicus, and National League of Cities, amicus.

MEMORANDUM RULING

DOHERTY, District Judge.

This matter comes before the Court on a number of motions filed on behalf of both plaintiff and defendants in this matter. In order to facilitate ruling on the issues, the Court asked all parties to further brief the narrow issue of the Rural Electrification Administration ("REA") "approval authority" as to a condemnation by the State of electrical facilities which are indebted to the REA.

Procedural...

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