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HARPER v. SOUTHERN PINE ELEC. COOPERATIVE

No. 20-60451.

987 F.3d 417 (2021)

Kimberly HARPER; Miranda Parrott; Roy Allen; Shennetta Draughn; Forrest W. Massa, Jr.; Carey Stewart; Cynthia C. Kelly, Plaintiffs-Appellants, v. SOUTHERN PINE ELECTRIC COOPERATIVE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED February 8, 2021.

Attorney(s) appearing for the Case

Michael Davis Simmons , Brannon Lee Berry , Cosmich, Simmons & Brown, P.L.L.C., Jackson, MS, for Plaintiffs-Appellants.

Christina M. Schwing , Holland & Knight, L.L.P., Jacksonville, FL, Sherrill Wayne Easterling , Hattiesburg, MS, for Defendant-Appellee.

Before Higginbotham, Smith, and Dennis, Circuit Judges.

Plaintiffs, who are member-ratepayers of Southern Pine Electric Cooperative, claim that Southern Pine is required to distribute to them $112.5 million in "excess revenues." Because Mississippi law does not impose that requirement, we affirm the dismissal for failure to state a claim.

I.

Southern Pine...

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