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COST MANAGEMENT SERVICES v. WASHINGTON NAT. GAS

No. 95-35566.

99 F.3d 937 (1996)

COST MANAGEMENT SERVICES, INC., Plaintiff-Appellant, v. WASHINGTON NATURAL GAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 7, 1996.

Attorney(s) appearing for the Case

Paul R. Taylor, Byrnes & Keller, Seattle, WA, for plaintiff-appellant.

John D. Lowery, Graham & James LLP/Riddell Williams P.S., Seattle, WA, for defendant-appellee.

Before: NORRIS and O'SCANNLAIN, Circuit Judges; BROWNING, District Judge.

O'SCANNLAIN, Circuit Judge:

In this action brought under the Sherman Act by an unregulated competitor against a natural gas distributor, we must explore the interplay between state public utility regulation and federal antitrust law.

I

Cost Management Services, Inc. ("CMS") is a Seattle-based company that purchases natural gas on the open market and sells it to various commercial and industrial consumers...

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