COLUMBIA RIVER PEOPLE'S v. PORTLAND GEN. ELEC.

No. 99-35411.

217 F.3d 1187 (2000)

COLUMBIA RIVER PEOPLE'S UTILITY DISTRICT, Plaintiff-Appellant, v. PORTLAND GENERAL ELECTRIC COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2000.


Attorney(s) appearing for the Case

Thomas A. Balmer, Ater Wynne, Portland, Oregon, for the plaintiff-appellant.

Barbee B. Lyon, Tonkon Torp, Portland, Oregon, for the defendant-appellee.

Before: LAY, TASHIMA and McKE OWN, Circuit Judges.


LAY, Circuit Judge:

Columbia River People's Utility District ("CRPUD") appeals the grant of summary judgment in an antitrust action brought against Portland General Electric Company ("PGE"). The dispute focuses on the right to sell electrical power to the Boise Cascade plant in St. Helens, Oregon. The district court dismissed the case under the rationale that PGE's actions were cloaked with state-action immunity from antitrust violations. CRPUD asserts the district...

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