CITY & COUNTY OF SAN FRANCISCO v. PG & E CORP.

Nos. 03-16976, 03-17051.

433 F.3d 1115 (2006)

CITY & COUNTY OF SAN FRANCISCO, Plaintiff-Appellant, v. PG & E CORPORATION, Defendant-Appellee. People of the State of California, ex rel. Bill Lockyer, Attorney General State of California, Plaintiff-Appellant, v. PG & E Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2006.


Attorney(s) appearing for the Case

Bill Lockyer, Tom Greene, Ken Alex, Danette Valdez, and Anne Burr, San Francisco, CA, for appellant Attorney General.

Dennis J. Herrera, Owen Clements, Theresa Mueller, David Campos, San Francisco, CA, for appellant City & County of San Francisco.

Alan S. Gover, Mike Stenglein, Stacey Russell, Dewey Ballatine LLP, Houston, TX, and Michael P. Kessler, Weil, Gotshal & Manges LLP, New York, NY, for the appellees.

Before THOMAS, PAEZ, and CALLAHAN, Circuit Judges.


THOMAS, Circuit Judge.

In this appeal, we consider whether a lawsuit filed by governmental entities seeking restitution to third parties pursuant to the California Unfair Practices Act constitutes a police and regulatory power action that cannot be removed to bankruptcy court. Under the circumstances presented here, we conclude that it does, and reverse the judgment of the district court.

I

The present controversy stems from the bankruptcy reorganization...

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