WILSON v. VALLEY ELEC. MEMBERSHIP CORP.

No. 92-9551.

8 F.3d 311 (1993)

Durwood WILSON, et al., Plaintiffs-Appellees, v. VALLEY ELECTRIC MEMBERSHIP CORP., et al., Defendants-Appellants. Cajun Electric Power Cooperative, Inc., Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1993.


Attorney(s) appearing for the Case

Jan M. Hayden, Bronfin & Heller, New Orleans, LA, William H. Patrick, Baton Rouge, LA, for Cajun Elec., movant-appellant.

James J. Davidson, III, Theodore G. Edwards, IV, Lafayette, LA, for Dixie Elec., Pointe Coupee, Southwest LA.

William M. Shaw, Homer, LA, for Claiborne Elec.

Wendell Miller, Jennings, LA, for Jefferson Davis Elec. Coop.

Jones, Tete, Nolen, Hanchey, Swift & Spears, Carl H. Hanchey, Lake Charles, LA, for Beauregard Elec.

James B. Supple, Franklin, LA, for Teche Elec.

Gahagan & Conlay, Henry C. Gahagan, Jr., Natchitoches, LA, for Valley Elec.

McIntyre & McIntyre, Edwin R. McIntyre, Winnboro, LA, for Northeast La. Power.

Smith, Taliaferro, Seibert & Purvis; Thurmand L. Boothe, Russell Purvis, Jonesville, LA, for Concordia Elec.

Michael J. Guidry, Houma, LA, for South La. Elec.

Ford E. Stinson, Benton, LA, for Bossier Rural Elec.

Stone, Pigman, Walther, Wittmann & Hutchinson, Michael R. Fontham, Laurie Barcelona Halpern, New Orleans, LA, Amicus Curiae, for the La. Public Service Comm.

Luster, Conine & Brunon, John C. Conine, Donald G. Kelly, Jeffrey H. Thomas, Kelly & Salim, Natchitoches, LA, for Durwood Wilson, et al.

Before SNEED, REYNALDO G. GARZA, and JOLLY, Circuit Judges.


SNEED, Circuit Judge:

Customers of rural electric cooperatives sued to obtain refunds of rate increases that allegedly violated the Louisiana Constitution. The district court abstained in favor of contemporaneous proceedings in the Louisiana Public Service Commission. We affirm.

I.

FACTS

Appellants are rural cooperatives distributing electric power to customers in Louisiana. Traditionally, such cooperatives were not subject to the...

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