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SAN DIEGO GAS & ELEC. v. CANADIAN HUNTER MARKETING

No. 96-56374.

132 F.3d 1303 (1997)

SAN DIEGO GAS & ELECTRIC COMPANY, Plaintiff-counter-defendant-Appellant, v. CANADIAN HUNTER MARKETING LTD.; Noranda, Inc., and Related Counterclaims, Defendants-counter-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 31, 1997.

Attorney(s) appearing for the Case

James L. Hunt, McCutchen, Doyle, Brown & Enersen, San Francisco, California, for plaintiff-counter-defendant-appellant.

Charles Ferguson, LeBoeuf, Lamb, Leiby & Macrae, San Francisco, California, for defendants-counter-claimants-appellees.

Before: PREGERSON, D.W. NELSON and HAWKINS, Circuit Judges.

D.W. NELSON, Circuit Judge:

Plaintiff San Diego Gas and Electric Company ("San Diego Gas"), a California public utility, appeals the district court's grant of summary adjudication to defendants Canadian Hunter Marketing Ltd. ("Canadian Hunter") and Noranda, Inc., Canadian Hunter's parent company. The district court found that, under Section 12(1) of the Alberta Sale of Goods Act ("SGA"), R.S.A, Ch. S-2 (1980) (Can.), changes in California regulatory procedures had...

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