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MORGAN CITY v. SOUTH LOUISIANA ELEC. CO-OP.

No. 93-4295.

31 F.3d 319 (1994)

CITY OF MORGAN CITY, Plaintiff-Intervenor-Defendant-Appellant, v. SOUTH LOUISIANA ELECTRIC COOPERATIVE ASSOCIATION, Defendant-Intervenor-Appellee, Third Party-Plaintiff-Appellee, and Cajun Electric Power Cooperative, Inc., Intervenor-Plaintiff-Appellee, and United States of America, thru Rural Electrification Administration (REA), Third Party-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 12, 1994.

Attorney(s) appearing for the Case

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

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

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

John Christopher Kohn, U.S. Dept. of Justice, Thomas M. Bondy, Mark B. Stern, U.S. Dept. of Justice, Civ.Div., Appellate Staff, Washington, DC, for U.S.

Clifton S. Elgarten, Amy J. Mauser, Crowell & Moring, Washington, DC, for amicus curiae American Public Power Ass'n, Nat. Institute of Mun. Law Officers and Nat. League of Cities.

Wallace F. Tillman, Jonathan Hemenway Glazier, Nat. Rural Elec. Co-op. Ass'n, Washington, DC, for amicus curiae Nat. Rural Elec. Co-op. Ass'n.

N. Beth Emery, Sutherland, Asbill & Brennan, Washington, DC, for amicus curiae Nat. Rural Elec.

Before POLITZ, Chief Judge, DAVIS and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This appeal revolves around a municipality's attempt to condemn equipment and electricity consumers within an area annexed by the municipality. South Louisiana Electric Cooperative Association (SLECA), the current electricity providers, along with their federal financier, the Rural Electrification Administration (REA), opposed the state-law expropriation and sought summary judgment. The district court found that the REA Administrator...

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