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PACIFIC GAS & ELECTRIC CO. v. COUNTY OF STANISLAUS

Docket No. S047749.

16 Cal.4th 1143 (1997)

PACIFIC GAS AND ELECTRIC COMPANY, Plaintiff and Appellant, v. COUNTY OF STANISLAUS et al., Defendants and Respondents.

Supreme Court of California.

December 4, 1997.

Attorney(s) appearing for the Case

COUNSEL

Nossaman, Guthner, Knox & Elliott, William T. Bagley, Douglas J. Maloney, Alan D. Miller, J. Michael Reidenbach, Joshua Bar-Lev, McKenna & Cuneo and Howard V. Golub for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Thomas Greene, Assistant Attorney General, Richard N. Light and Sanford N. Gruskin, Deputy Attoneys General, Sedgwick, Detert, Moran & Arnold, Frederick D. Baker, Kirk C. Jenkins, O'Melveny & Myers, Henry C. Thumann and Steven P. Basileo as Amici Curiae on behalf of Plaintiff and Appellant.

Michael H. Krausnick, County Counsel, and Andrew N. Eshoo, Deputy County Counsel, for Defendants and Respondents.

OPINION

KENNARD, J.

In this case, a California county brought a class action in the federal court, alleging that a utility company had violated state and federal antitrust laws by illegal price-fixing that had substantially increased the county's costs for natural gas. The utility company then initiated this lawsuit in the state court challenging the county's power to bring the federal action, contending that only the state Attorney...

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