Cajun Electric Power Cooperative, Inc. v. Gulf States Utilities Co.

RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

POLOZOLA, District Judge.

This matter is before the Court on the motion of Gulf States Utilities (GSU) for summary judgment. In its motion for summary judgment, GSU contends that: (1) Cajun Electric Power Cooperative, Inc.’s (Cajun) suit to annul the River Bend Joint Ownership Participation and Operating Agreement (JOA) is subject to a five year prescriptive period; (2) the five year prescriptive period commenced when Cajun became aware or should have become aware of the alleged fraud or error which vitiated its consent; and (3) Cajun was aware…