Dixie Electric Cooperative, Alabama Power Company, Defendant-Counterclaim v. The Citizens of the State of Alabama, Defendants-Counterclaim

TJOFLAT, Circuit Judge:

These consolidated appeals are from orders of the district court declaring invalid and enjoining the enforcement of a 1984 and a 1985 act of the Alabama legislature, both of which regulated service territories of electric suppliers. We have concluded that the case was improperly removed to the district court. Because the district court would not have had jurisdiction over the case had it originally been filed there, we vacate the district court’s orders and remand the case with instructions that it be dismissed.

I

In 1984, a regular session of the Alabama legislature…