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AGRILECTRIC POWER PARTNERS v. ENTERGY GULF STATES

No. 99-30156.

207 F.3d 301 (2000)

AGRILECTRIC POWER PARTNERS, LTD., Plaintiff-Counter Defendant-Appellant, v. ENTERGY GULF STATES, INC., et al., Defendants, Entergy Gulf States, Inc., Formerly known as Gulf States Utilities Company, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 5, 2000.

Attorney(s) appearing for the Case

Bernard H. McLaughlin, Jr. (argued), McLaughlin & Bice, Lake Charles, LA, for Agrilectric Power Partners, Ltd.

Arnold B. Podgorsky (argued), Barry Stewart Spector, Wright & Talisman, Washington, DC, for Entergy Gulf States, Inc.

Before POLITZ and DAVIS, Circuit Judges, and RESTANI, Judge.

W. EUGENE DAVIS, Circuit Judge:

This is an appeal by Agrilectric Power Partners, Ltd. ("Agrilectric") from an order of the District Court interpreting and applying a contract between Agrilectric and Entergy Gulf States, Inc. ("Entergy"), a utility company providing electric power to consumers in Louisiana and Texas. We agree that the "regulatory-out" price adjustment clause in the contract is enforceable and affirm the district court's judgment.

I.

...

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