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USA POWER, LLC v. PACIFICORP

No. 20130442.

372 P.3d 629 (2016)

2016 UT 20

USA POWER, LLC, USA Power Partners, LLC, and Spring Canyon Energy, LLC, Appellees and Cross-Appellants, v. PACIFICORP, Appellant and Cross-Appellee. USA Power, LLC, USA Power Partners, LLC, and Spring Canyon Energy, LLC, Appellants, v. Jody L. Williams and Holme Roberts & Owen, LLP, Appellees.

Supreme Court of Utah.

May 16, 2016.

Attorney(s) appearing for the Case

Peggy A. Tomsic , James E. Magleby , Eric K. Schnibbe , Salt Lake City, for USA Power, LLC, USA Power Partners, LLC, and Spring Canyon Energy, LLC.

Peter Watson Billings Jr. , James S. Jardine , Michael G. Jenkins , P. Bruce Badger , Samuel C. Straight , Timothy K. Clark , Salt Lake City, for PacifiCorp.

Michael D. Zimmerman , Thomas R. Karrenberg , Stephen P. Horvat , Troy L. Booher , Clemens A. Landau , Salt Lake City, for Jody L. Williams and Holme Roberts & Owen, LLP.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice LEE, Justice DURHAM, and Judge TOOMEY joined. Having recused himself, Justice HIMONAS does not participate herein; Court of Appeals Judge KATE A. TOOMEY sat. Justice JOHN A. PEARCE became a member of the Court on December 17, 2015, after oral argument in this matter, and accordingly did not participate.

Introduction

¶ 1 This case concerns a dispute about proprietary plans to develop a power plant. USA Power, LLC engaged in extensive work to research and develop a power plant project in Mona, Utah — its Spring Canyon "vision." It claims that this vision is a trade secret, that PacifiCorp...

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