California Department of Water Resources v. Powerex Corp.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CALIFORNIA DEPARTMENT OF WATER 

RESOURCES,

Plaintiff-Appellee, No. 06-15285 v.  D.C. No.

CV-05-00518-GEB

POWEREX CORP., a Canadian Corporation, dba POWEREX ENERGY OPINION

CORP.,

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, District Judge, Presiding

Argued and Submitted December 4, 2007—San Francisco, California

Filed July 22, 2008

Before: Robert E. Cowen,* Michael Daly Hawkins and N. Randy Smith, Circuit Judges.

Opinion by Judge Hawkins

*The Honorable Robert E. Cowen, Senior United States Circuit Judge for the Third Circuit, sitting by designation.

8969 8972 CALIFORNIA DEP’T OF WATER v. POWEREX

COUNSEL

David C. Frederick (briefed and argued), Kellogg, Huber, Hansen, Todd, Evans and Figel, Washington, D.C., for the defendant-appellant. CALIFORNIA DEP’T OF WATER v. POWEREX 8973 Annadel A. Almendras (briefed and argued) and Song J. Hill (briefed), Office of the Attorney General of the State of Cali- fornia, San Francisco, California, for the…