Barket, Levy & Fine, Inc. v. St. Louis Thermal Energy Corporation Bi-State Development Agency of the Missouri-Illinois Metropolitan District

MAGILL, Circuit Judge.

Plaintiff Barket, Levy & Fine, Inc., (BLF) appeals the district court’s 1 judgment granting summary judgment to defendants St. Louis Thermal Energy Corporation (Thermal) and Bi-State Development Agency (Bi-State) in this 42 U.S.C. § 1983 action. BLF claims that the district court erred in concluding that Bi-State and Thermal’s establishment and application of a steam heat rate system that distinguished between customers who had gas-fired boilers and those who did not complied with the Equal Protection Clause of the Fourteenth Amendment. Bi-State and Thermal assert that…