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.https://leagle.com/images/logo.png
April 3, 1995.
April 3, 1995.
Attorney(s) appearing for the Case
Dale Hughes Hayes, Leonard & Hayes, Morgan City, LA, Wallace E. Brand, Brand, Beeny, Berger & Whitler, Washington, DC, T.H. Freeland, T.H. Freeland, IV, Freeland & Freeland, Oxford, MS, for 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.
Thomas M. Bondy, Mark B. Stern, Civ. Div., Appellate Staff, John Christopher Kohn, U.S. Dept. of Justice, Washington, DC, for U.S.
Clifton S. Elgarten, Amy J. Mauser, Crowell & Moring, Washington, DC, for amicus American Public Power Ass'n, Nat. Institute of Mun. Law Offices & Nat. League of Cities.
Wallace F. Tillman, Jonathan Hemenway Glazier, Nat. Rural Elec. Co-op. Ass'n, Washington, DC, for amicus Nat. Rural Elec. Co-op. Ass'n.
N. Beth Emery, Sutherland, Askill & Brennan, Washington, DC, for amicus Nat. Rural Elec.
Before POLITZ, Chief Judge, DAVIS and WIENER, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PER CURIAM:
We deny Morgan City's petition for rehearing in this case.1 We take this opportunity, however, to address a number of Morgan City's arguments.
Morgan City first argues that we have created a far-reaching "per se" rule of preemption that is inconsistent with the Supreme Court's decision in Arkansas Electric Coop. Corp. v. Arkansas Public Service Commission,461 U.S. 375, 103 S.Ct...
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