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UNITED PARCEL SERVICE v. CALIFORNIA PUB. UTILITIES

No. 94-15079.

77 F.3d 1178 (1996)

UNITED PARCEL SERVICE, INC., Plaintiff-Appellant, v. CALIFORNIA PUBLIC UTILITIES COMMISSION; Daniel Wm. Fessler; Patricia M. Eckert, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1996.

Attorney(s) appearing for the Case

Ellis Ross Anderson and Dwight C. Donovan, Anderson, Donovan & Poole, San Francisco, California, for plaintiff-appellant.

Timothy E. Treacy, Public Utilities Commission, San Francisco, California, for defendants-appellees.

Before: D.W. NELSON, T.G. NELSON, Circuit Judges, and KING, District Judge.

T.G. NELSON, Circuit Judge:

United Parcel Service, Inc. ("UPS"), appeals the district court's summary judgment, dismissing UPS's 28 U.S.C. §§ 2201-2202 action against the California Public Utilities Commission ("the CPUC" or "the Commission") on the basis of res judicata, following a California Supreme Court decision summarily denying review of UPS's claims. UPS contends that a February 3, 1993, rate-setting decision...

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