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DIVERSE POWER, INC. v. CITY OF LAGRANGE, GEORGIA

No. 18-11014.

934 F.3d 1270 (2019)

DIVERSE POWER, INC., Plaintiff-Appellee, v. CITY OF LAGRANGE, GEORGIA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 20, 2019.

Attorney(s) appearing for the Case

James A. Orr , James R. McGibbon , Stacey McGavin Mohr , Eversheds Sutherland (US) LLP, Atlanta, GA, for Plaintiff-Appellee.

Teresa Bonder , Allison Stephens Thompson , Andrew J. Liebler , Alston & Bird, LLP, Atlanta, GA, Jeffrey Marshall Todd , Lewis Taylor & Todd, PC, LaGrange, GA, for Defendant-Appellant.

Before TJOFLAT, JORDAN and ANDERSON, Circuit Judges.

This interlocutory appeal asks us to determine whether the City of LaGrange, Georgia, enjoys state-action immunity when it ties its water-utility service to its natural-gas service for customers in unincorporated Troup County, Georgia. The District Court held that LaGrange was not entitled to state-action immunity and, for...

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