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SNAKE RIVER VALLEY ELEC. ASS'N v. PACIFICORP

No. 99-35204.

238 F.3d 1189 (2001)

SNAKE RIVER VALLEY ELECTRIC ASSOCIATION, Plaintiff-Appellant, v. PACIFICORP, (including Utah Power and Light Company, a Division), Defendant-Appellee, and State of Idaho, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed October 3, 2000.

Withdrawn January 29, 2001.

Amended Opinion Filed January 29, 2001.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Wheatley & Ranquist, Annapolis, Maryland, Peter J. Richardson, Richardson & O'Leary, Eagle, Idaho, for the plaintiff-appellant.

David J. Jordan and John M. Eriksson, Stoel Rives, Salt Lake City, Utah, for the defendants-appellees.

Brett T. DeLange, Deputy Attorney General, Civil Litigation Division, Boise, Idaho, for the defendant-intervenor-appellee.

Before: Donald P. Lay, A. Wallace Tashima and M. Margaret McKeown, Circuit Judges.

Argued and Submitted May 3, 2000 — Portland, Oregon

ORDER

The opinion filed on October 3, 2000, and reported as Snake River Valley Elec. Assoc. v. PacifiCorp, 228 F.3d 972 (9th Cir. 2000), is withdrawn and the Amended Opinion filed concurrently with this order is substituted in its place.

With the filing of the amended opinion, the panel has voted to deny the petitions for panel rehearing. Judges Tashima...

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