Columbia River People's Utility District v. Portland General Electric Company

LAY, Circuit Judge:

Columbia River People’s Utility District (“CRPUD”) appeals the grant of summary judgment in an antitrust action brought against Portland General Electric Company (“PGE”). The dispute focuses on the right to sell electrical power to the Boise Cascade plant in St. Helens, Oregon. The district court dismissed the case under the rationale that PGE’s actions were cloaked with state-action immunity from antitrust violations. CRPUD asserts the district court erred, inter alia, that the issue of state-action immunity was not pleaded or briefed by the parties and was otherwise…