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U.S. v. ALASKA PUBLIC UTILITIES COM'N

No. 92-36614.

23 F.3d 257 (1994)

UNITED STATES of America; Michael P.W. Stone, The Secretary of the Army, On Behalf of the Department of Defense and Other Federal Executive Agencies, Plaintiffs-Appellees, v. ALASKA PUBLIC UTILITIES COMMISSION; State of Alaska, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 2, 1994.

Attorney(s) appearing for the Case

Elizabeth J. Hickerson, Asst. Atty. Gen., Anchorage, Alaska, for defendant-appellant.

E. Roy Hawkens, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before: CANBY, and T.G. NELSON, Circuit Judges, and SHUBB, District Judge.

Opinion by Judge T.G. NELSON

T.G. NELSON, Circuit Judge:

I.

OVERVIEW

The Alaska Public Utilities Commission (APUC) and the State of Alaska appeal from the district court's summary judgment in favor of the United States Department of Defense (DOD) in the DOD's action challenging the APUC's assessment of costs for two administrative utility rate proceedings in which the DOD had intervened. The district court held that the application of an...

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