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PORTLAND GEN. ELEC. v. U.S. BANK TRUST NAT. ASS'N

No. 99-35189.

218 F.3d 1085 (2000)

PORTLAND GENERAL ELECTRIC COMPANY, an Oregon Corporation, Plaintiff-counter-claim defendant-Appellee, v. U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR TRUST NO. 1, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2000.

Attorney(s) appearing for the Case

Philip Le B. Douglas, Winthrop, Stimson, Putnam & Roberts, New York, New York, for the appellant.

David B. Markowitz, Jollee Faber Patterson Markowitz Herbold, Portland, Oregon, for the appellee.

Elliott Adler, Washington, DC, for amicus Appraisal Foundation.

Jerome Schaefer, Washington, DC, for amicus American Society of Appraisers.

Before: LAY, TASHIMA, and MCKEOWN, Circuit Judges.

Opinion by Judge MCKEOWN; Concurrence by Judge TASHIMA; Concurrence by Judge MCKEOWN.

McKEOWN, Circuit Judge:

This case requires us to address a threshold issue of controlling law. We must determine what law governs a challenge to a final appraisal decision issued pursuant to a commercial contract. Portland General Electric ("PGE") and the United States Bank Trust National Association ("the Trust") were parties to a lease agreement under which they agreed...

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