DUKE ENERGY TRADING AND MARKETING, L.L.C. v. DAVIS

No. 01-55770.

267 F.3d 1042 (2001)

DUKE ENERGY TRADING AND MARKETING, L.L.C., Plaintiff-Appellant, v. Gray DAVIS, Governor of the State of California, Defendant-Appellee, and California Power Exchange Corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2001.


Attorney(s) appearing for the Case

Geoffrey Bestor (argued), Barry R. Ostrager, Seth A. Ribner, Steven H. Bergman, Simpson Thacher & Bartlett, Universal City, California; Joel B. Kleinman, Larry F. Eisenstat, Geoffrey Bestor, Mark L. Perlis, Dickstein Shapiro Morin & Oshinsky LLP, for Appellant.

Danette E. Valdez (argued), Deputy Attorney General, Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistance Attorney General, Morris Beatus, Senior Assistant Attorney General, Andrea Lynn Hoch, Supervising Deputy Attorney General, San Francisco, California, for Appellee.

Before: HARLINGTON WOOD, Jr., ALEX KOZINSKI, and DIARMUID F. O'SCANNLAIN, Circuit Judges.


Argued and Submitted August 16, 2001 — San Francisco, California.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether a wholesale energy supplier is entitled to injunctive relief from orders issued by the Governor of California commandeering its contractual rights to deliver electricity to public utilities within the state.

I

A

The electricity contracts at issue...

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