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MATTER OF WABASH VALLEY POWER ASS'N

Nos. 94-3086, 94-3087, 94-3088 and 94-3095.

72 F.3d 1305 (1995)

In the Matter of WABASH VALLEY POWER ASSOCIATION, INCORPORATED, Debtor-Appellee. Appeal of UNITED STATES of America, on Behalf of the RURAL ELECTRIFICATION ADMINISTRATION.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 1995.

As Amended on Denial of Rehearing and Suggestion for Rehearing March 20, 1996.

Attorney(s) appearing for the Case

Jeffrey L. Hunter, Office of the United States Attorney, Indianapolis, IN, J. Christopher Kohn, James G. Bruen, Jr., Andrea Larry, John Stemplewicz (argued), Department of Justice, Civil Division, Washington, DC, for U.S.

Robert K. Johnson, Robert M. Glennon, Office of Utility Consumer Counselor, Indianapolis, IN, Jay P. Kennedy, James A. Knauer, Kroger, Gardis & Regas, Indianapolis, IN, for Office of Utility Consumer Counselor.

Frank J. Kelley, Thomas L. Casey, Office of the Attorney General, Lansing, MI, for State of Michigan and Michigan Public Service Commission.

James T. Malysiak, Lee A. Freeman, Jr. (argued), John F. Kinney, Freeman, Freeman & Salzman, Chicago, IL, James P. Moloy, David Kleiman, Dann, Pecar, Newman, Talesnick & Kleiman, Indianapolis, IN, Charles W. Ritz, III, Don F. Morton, Parr, Richey, Obremskey & Morton, Indianapolis, IN, for Wabash Valley Power Association, Incorporated.

Before CUDAHY, COFFEY and MANION, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc March 20, 1996.

CUDAHY, Circuit Judge.

This case had its origins in the cancellation of a partially completed nuclear power plant — the Marble Hill project in Jefferson County, Indiana. The Marble Hill project was undertaken by Public Service Company of Indiana (now PSI Energy, Inc.) (PSI). Wabash Valley Power Cooperative (Wabash), a generation-and-transmission cooperative serving...

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