Legal Opinion
Gulf States Utilities Co. v. Alabama Power Co.
Court of Appeals for the Fifth Circuit
Decided August 25, 1987No. 86-2802PublishedCited by 26 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
Gulf States Utilities sued the Southern Companies over two contracts for the purchase and sale of electricity. The district court took jurisdiction over the case pursuant to 28 U.S.C. §§ 1332 (diversity of citizenship) and 2201 (declaratory judgment). Southern appeals, asserting lack of jurisdiction in the district court.1 Southern’s contention is that the Federal Power Act preempts Gulf States’ claims and that only the Federal Energy Regulatory Commis*1468sion may resolve this case. We affirm the district court’s exercise of jurisdiction.
I. Facts
Gulf States…
2Cases cited19 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25Supreme Court of the United States · 1977
- Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Gelb v. American Telephone & Telegraph Co.District Court, S.D. New York · 1993
- Transmission Agency of Northern California v. Sierra Pacific Power Company, Bonneville Power Administration, Pacificorp, and Portland General ElectricCourt of Appeals for the Ninth Circuit · 2002
- New Orleans Public Service, Inc. v. Council of New OrleansCourt of Appeals for the Fifth Circuit · 1987
- Wagner & Brown v. Anr Pipeline CompanyCourt of Appeals for the Fifth Circuit · 1988
- The Ltv Corporation v. Gulf States Steel, Inc. Of AlabamaCourt of Appeals for the D.C. Circuit · 1992
21 more not listed; retrieve them via the Exa API.