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SNAKE RIVER VALLEY ELEC. ASS'N v. PACIFICORP

No. 02-36057.

357 F.3d 1042 (2004)

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

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2004.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Wheatley & Ranquist, P.A., Annapolis, Maryland, and Robert C. Huntley, Huntley Park, L.L.P., Boise, ID, for the plaintiff-appellant.

Marc T. Rasich, Stoel Rives LLP, Salt Lake City, UT, for the defendant-appellee.

Brett T. DeLange, Deputy Attorney General, State of Idaho, for defendant-intervenor-appellee State of Idaho.

Before: KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

GOULD, Circuit Judge:

In this appeal, which marks the second time the parties have been before us, we again assess the scope of state action immunity from liability under federal antitrust law. The Idaho legislature responded to our prior opinion on state action immunity with legislation. We now assess whether, in light of these statutory changes, the responsibilities of the Idaho Public Utility Commission to review and approve certain conduct of PacifiCorp challenged...

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