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 February 14, 1986No. 85-3654PublishedCited by 36 opinions

1Opinion of the Court

RANDALL, Circuit Judge:

Appellant New Orleans. Public Service, Inc. appeals the district court’s dismissal of this cause of action for lack of subject matter jurisdiction and the district court’s decision to abstain. We reverse and remand.

I

Appellant New Orleans Public Service, Inc. (“NOPSI”), a subsidiary of Middle South Utilities Inc. (“MSU”), provides electric services to most of the City of New Orleans. NOPSI also engages in the production, wholesale interstate purchase, wholesale interstate sale and retail sale of electric power. The genesis of this case is an “Opinion and Order Setting…

2Cases cited22 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  4. County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
  5. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951

17 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
  2. 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
  3. New Orleans Public Service, Inc. v. Council of New OrleansCourt of Appeals for the Fifth Circuit · 1987
  4. Freehold Cogeneration Associates, L.P. v. Board Of Regulatory Commissioners Of The State Of New JerseyCourt of Appeals for the Third Circuit · 1995
  5. Public Service Co. of New Hampshire v. PatchCourt of Appeals for the First Circuit · 1998

31 more not listed; retrieve them via the Exa API.

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