Legal Opinion
New Orleans Public Service, Inc. v. The City of New Orleans, the Council for the City of New Orleans, Sidney J. Barthelemy
Court of Appeals for the Fifth Circuit
Decided September 2, 1986No. 85-3654PublishedCited by 51 opinions
1Opinion of the Court
RANDALL, Circuit Judge:
After reconsidering our opinion in New Orleans Public Service, Inc. v. The City of New Orleans, 782 F.2d 1236 (5th Cir.1986), we have decided to withdraw Part IV of our opinion, and substitute in its place the following:
IV
The district court concluded that the jurisprudential doctrine of abstention barred adjudication of NOPSI’s request for relief from the Council’s regulatory authority. Although we recognize that abstention in the face of a federal preemption claim is, at a minimum, problematical, we conclude on the facts before us that the district court did not abuse…
2Cases cited20 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
15 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
- Sierra Club, Inc. v. Sandy Creek Energy Associates, L.P.Court of Appeals for the Fifth Circuit · 2010
- Middle South Energy, Inc. And New Orleans Public Service Inc. v. The City of New Orleans and the Council of the City of New OrleansCourt of Appeals for the Fifth Circuit · 1986
- New Orleans Public Service, Inc. v. Council of New OrleansCourt of Appeals for the Fifth Circuit · 1987
- Freehold Cogeneration Associates, L.P. v. Board Of Regulatory Commissioners Of The State Of New JerseyCourt of Appeals for the Third Circuit · 1995
46 more not listed; retrieve them via the Exa API.