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OCCIDENTAL CHEMICAL v. LA. PUBLIC SERVICE COM'N

No. 15-30100.

810 F.3d 299 (2016)

OCCIDENTAL CHEMICAL CORPORATION, Plaintiff-Appellant, v. LOUISIANA PUBLIC SERVICE COMMISSION; Eric Skrmetta, in his capacity as Commissioner; Scott Angelle, in his capacity as Commissioner; Lambert Boissiere, in his capacity as Commissioner; Clyde C. Holloway, in his capacity as Commissioner; Foster L. Campbell, in his capacity as Commissioner; Entergy Louisiana, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 4, 2016.

Attorney(s) appearing for the Case

F. Michael Stenglein, Adam L. Gray, James Patrick Sullivan, John Bradford Thompson, King & Spalding, L.L.P., Austin, TX, Ashley Charles Parrish, Esq. (argued), King & Spalding, L.L.P., Washington, DC, Luke F. Piontek, Roedel, Parsons, Koch, Blache, Balhoff & McCollister, A.L.C., Baton Rouge, LA, for Plaintiff-Appellant.

Noel Joseph Darce, Esq. (argued), Heather Shauri Lonian, Esq., Stone Pigman Walther Wittmann, L.L.C., Wendy Hickok Robinson, Esq., Entergy Services, Incorporated, New Orleans, LA, Jennifer Quinn-Barabanov (argued), Douglas G. Green, Heather Horne, Steptoe & Johnson, L.L.P., Washington, DC, for Defendant-Appellee.

Before DAVIS, BARKSDALE, and DENNIS, Circuit Judges.

The question presented in this appeal is whether the district court abused its discretion when it entered an order indefinitely staying this proceeding to allow the Federal Energy Regulatory Commission ("FERC") to act on an administrative complaint filed by Plaintiff-Appellant...

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