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U.S. Court of Appeals for the Ninth Circuit, 2008

Public Utility District No. 1 v. Federal Energy Regulatory Commission

Public Utility District No. 1 v. Federal Energy Regulatory Commission
U.S. Court of Appeals for the Ninth Circuit · Decided November 3, 2008 · Berzon, Browning, Pregerson
547 F.3d 1081; 2008 U.S. App. LEXIS 23290 (Federal Reporter, Third Series)

Public Utility District No. 1 v. Federal Energy Regulatory Commission

Opinion of the Court

ORDER

In light of the Supreme Court’s ruling in Morgan Stanley Capital Group Inc. v.

*1082-1090Public Utility District No. 1 of Snohomish County, — U.S. -, 128 S.Ct. 2733, 171 L.Ed.2d 607 (2008), we VACATE our prior opinion and REMAND to the Federal Energy Regulatory Commission for further proceedings consistent with the Supreme Court’s opinion. The mandate shall issue forthwith.

VACATED and REMANDED.

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