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COLUMBIA STEEL CASTING v. PORTLAND GENERAL ELEC.

Nos. 93-35902, 93-35958.

111 F.3d 1427 (1996)

COLUMBIA STEEL CASTING CO., INC., an Oregon corporation, Plaintiff-Appellee, v. PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation, Defendant-Appellant. COLUMBIA STEEL CASTING CO., INC., an Oregon corporation, Plaintiff-Appellant, v. PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation; Public Utility Commission of the State of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1995.

Opinion Withdrawn December 27, 1996.

Decided December 27, 1996.

As Amended on Denial of Rehearing and Rehearing April 3, 1997.

Attorney(s) appearing for the Case

Allan M. Garten and Barbee B. Lyon, Tonkon, Torp, Galen, Marmaduke & Booth, Portland, Oregon, for Portland General Electric Company.

Michael C. Dotten, Heller, Ehrman, White & McAuliffe, Portland, Oregon, for Columbia Steel Casting Co., Inc.

Jas. J. Adams, Assistant Attorney General, Oregon Department of Justice, Salem, Oregon, for the Public Utility Commission of Oregon.

Robert B. Nicholson and David Seidman, United States Department of Justice, Washington, DC, for the United States as amicus curiae.

Before: BROWNING, REAVLEY, and NORRIS, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 3, 1997.

ORDER

The opinion filed on December 27, 1996, 103 F.3d 1446, is amended as follows:

With the above amendments, the panel, as constituted above, has voted unanimously to deny the petition for rehearing. Judge Browning has voted to reject the suggestion for a rehearing en banc, and Judges Reavley...

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