Public Utility District No. 1 Of Franklin County v. Big Bend Electric Cooperative

618 F.2d 601 PUBLIC UTILITY DISTRICT NO. 1 OF FRANKLIN COUNTY, a municipal corporation, Plaintiff-Appellant, v. BIG BEND ELECTRIC COOPERATIVE, INC., a corporation, and United States of America, Defendants-Appellees. No. 77-3904. United States Court of Appeals, Ninth Circuit. May 12, 1980. John G. Schultz, Leavy, Taber, Schultz, Bergdahl & Sweeney, Pasco, Wash., for plaintiff-appellant. John M. Klobucher, Robert M. Sweeney, Asst. U. S. Atty., Spokane, Wash., for defendants-appellees. Appeal from the United States District Court for the Eastern District of Washington. Before GOODWIN and FERGUSON, Circuit Judges, and WILLIAMS, * District Judge. PER CURIAM. 1 Public Utility District No. 1 of Franklin County (PUD) attempted under a state condemnation statute to acquire property from Big Bend Electric Cooperative, Inc. The district court granted Big Bend a summary judgment. We affirm. 2 PUD is a municipal corporation, Big Bend is a private nonprofit membership corporation. Both corporations are organized under the laws of the State of Washington; both furnish electrical energy to residents of Franklin County, Washington. Big Bend is financed by the Rural Electrification…