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NORTH AMERICAN NATURAL v. STRAND

No. 99-2075.

252 F.3d 808 (2001)

North American Natural Resources, Inc.; Midland Cogeneration Venture Limited Partnership; Michigan Power Limited Partnership; Central Wayne Energy Recovery Limited Partnership, et al., Plaintiffs-Appellees, v. John G. Strand, Chairman, John C. Shea and David A. Svanda, Commissioners of the Michigan Public Service Commission, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 5, 2001.

Attorney(s) appearing for the Case

ARGUED: Patricia S. Barone, MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants.

Thomas J. Waters, FRASER, TREBILCOCK & FOSTER, Lansing, Michigan, Robert F. Shapiro, CHADBOURNE & PARKE, Washington, D.C., for Appellees.

ON BRIEF: Patricia S. Barone, MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, David A. Voges, Henry J. Boynton, OFFICE OF THE ATTORNEY GENERAL, PUBLIC SERVICE DIVISION, Lansing, Michigan, for Appellants.

Robert F. Shapiro, CHADBOURNE & PARKE, Washington, D.C., David E. Marvin, Thomas J. Waters, FRASER, TREBILCOCK & FOSTER, Lansing, Michigan, Stephen O. Schultz, FOSTER, SWIFT, COLLINS & SMITH, Lansing, Michigan, for Appellees.

Before: KRUPANSKY, BATCHELDER, and GILMAN, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

BATCHELDER, Circuit Judge.

Appellants, representing the Michigan Public Service Commission ("MPSC"), a state regulatory body, seek review of the district court's order stating that certain regulatory orders issued by the MPSC violate the Public Utilities Regulatory Policies Act of 1978 ("PURPA"). The question presented is whether the MPSC orders created a case or controversy that can be adjudicated by a...

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