Diverse Power, Inc. v. City of LaGrange, Georgia

TJOFLAT, Circuit Judge:

*1271 This interlocutory appeal asks us to determine whether the City of LaGrange, Georgia, enjoys state-action immunity when it ties its water-utility service to its natural-gas service for customers in unincorporated Troup County, Georgia. The District Court held that LaGrange was not entitled to state-action immunity and, for the reasons explained below, we affirm.

I

LaGrange owns and operates a water-utility system that serves customers within LaGrange's city limits as well as customers beyond its city limits in unincorporated Troup County. For much of unincorporated Troup…