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SINGLE MOMS, INC. v. MONTANA POWER CO.

No. 02-35361.

331 F.3d 743 (2003)

SINGLE MOMS, INC., a non-profit corporation; Derilyn Dorscher, individually and on behalf of her minor children; Christine McCrea, individually and on behalf of her minor children; Mary Kay McGrath, individually and on behalf of her minor children, Plaintiffs-Appellants, v. MONTANA POWER COMPANY, a Montana corporation; Pennsylvania Power & Light, a Pennsylvania corporation; northwestern corporation, a South Dakota corporation; Pancanadian Energy, an Alberta corporation; Montana State House of Representatives, The 55th Legislative Session Members; Montana State Senate, The 55th Legislative Session Members; Encana Energy Resources, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2003.

Attorney(s) appearing for the Case

Robert C. Kelleher, Sr., Butte, MT, for the plaintiffs-appellants.

G. Steven Brown, Helena, MT, and Dennis R. Lopach, Northwestern Corporation, for defendant-appellee Montana Power Company.

Chris D. Tweeten, Montana Attorney General's Office, Helena, MT, for defendant-appellee Montana legislators.

Michael Lesch and Stephen H. Orel, LeBoeuf, Lamb, Greene & MacRae, New York, NY, and Robert M. Murdo, Jackson, Murdo, Grant & McFarland, Helena, MT, for defendant-appellee PPL Montana.

Kellie M. Gaston, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, MT, for defendant-appellee Encana Energy Resources, Inc.

Before LAY, FERGUSON, and GOULD, Circuit Judges.

OPINION

GOULD, Circuit Judge.

The plaintiffs, a group of single Montana mothers, appeal from the district court's dismissal of their 42 U.S.C. § 1983 claims against the defendant Montana Power Company (MPC), an electric and natural gas utility company. The plaintiffs claim that MPC violated their constitutional rights when MPC hired lobbyists to influence the Montana legislature to enact legislation to deregulate the Montana energy markets. Because...

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