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COLUMBIA STEEL CASTING v. PORTLAND GENERAL ELEC.

Nos. 93-35902, 93-35958.

103 F.3d 1446 (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Opinion Withdrawn December 27, 1996.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.

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.

ORDER

The Petition for Rehearing, filed August 3, 1995, is hereby GRANTED.

The Opinion filed July 20, 1995, and reported at 60 F.3d 1390, 1396 (9th Cir.1995), is WITHDRAWN and the attached Opinion is ordered filed instead.

OPINION

WILLIAM A. NORRIS, Circuit Judge:

TABLE OF CONTENTS

  I.  Facts and Procedural History .............................. 1452

 II.  State-Action Immunity...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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