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CENTRAL IOWA POWER COOPERATIVE v. MIDWEST INDEPENDENT TRANS. SYSTEM OPERATOR, INC.

No. 07-3426.

561 F.3d 904 (2009)

CENTRAL IOWA POWER COOPERATIVE, Appellant, v. MIDWEST INDEPENDENT TRANSMISSION SYSTEM OPERATOR, INC.; Afton, Iowa; Amana Society Service Co.; Anita Municipal Utilities; Anita, IA; Coggon Municipal Light Plant; Coggon, IA; Dysart, IA; Farmers Electric Cooperative; Frytown, IA; Grand Junction Municipal Light Plant; Grand Junction, IA; Hopkinton Municipal Utility; Hopkinton, IA; LaPorte City Utilities; LaPorte City, IA; Long Grove, IA; Maquoketa, IA; New London Municipal Utilities; New London, IA; Ogden Municipal Utilities; Ogden, IA; Preston, IA; Resale Power Group of Iowa; Stanhope, IA; State Center, IA; Story City Municipal Electric Utilities; Story City, IA; Strawberry Point Utilities; Strawberry Point, IA; Tipton, IA; Traer Municipal Utilities; Traer; Vinton Municipal Electric Utility; Vinton, IA; West Liberty, IA, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 27, 2009.

Attorney(s) appearing for the Case

Lawrence Paul McLellan, argued, West Des Moines, IA, Charles A. Patrizia, on the brief, Washington, DC, for appellant.

Howard Eliot Shapiro, argued, Washington, DC, Patricia F. Godley, Brian M. Zimmet, on the brief, for appellee Resale Power Group.

Karl Zobrist, argued, Kansas City, MO, James P. Craig, Brenda K. Wallrichs, on the brief, Cedar Rapids, IA, for appellee Midwest Independent Transmission.

Before RILEY, BOWMAN, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Appellant Central Iowa Power Cooperative (CIPCO), a generation and transmission electrical power cooperative, sued the appellees Midwest Independent Transmission System Operator, Inc. (MISO), the Resale Power Group of Iowa (RPGI), and members of RPGI in Iowa state court. CIPCO raised state law implied contract and tort claims, generally alleging that the appellees had either used CIPCO's transmission system without authorization and compensation...

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