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NORTHERN CALIFORNIA POWER AGENCY v. UNITED STATES

2019-1010, 2019-1089.

942 F.3d 1091 (2019)

NORTHERN CALIFORNIA POWER AGENCY, City of Redding, California, City of Roseville, California, City of Santa Clara, California, Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee

United States Court of Appeals, Federal Circuit.

Decided: November 6, 2019.

Attorney(s) appearing for the Case

Jeffrey Schwarz , Spiegel & McDiarmid LLP, Washington, DC, argued for plaintiffs-appellants. Also represented by Lisa Dowden , Katharine Mapes .

P. Davis Oliver , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Joseph H. Hunt , Robert Edward Kirschman, Jr. , Franklin E. White, Jr. .

Before Moore, Bryson, and Chen, Circuit Judges.

This action was brought in the United States Court of Federal Claims by the Northern California Power Agency and three California cities—the City of Redding, the City of Roseville, and the City of Santa Clara. The plaintiffs all purchase hydroelectric power that is generated by power plants under the jurisdiction of...

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