William Ellis v. Salt River Project
Opinion
Opinion
Miller, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIAM ELLIS; ROBERT DILL; Nos. 20-15301
EDWARD RUPPRECHT; ROBERT 20-15476
GUSTAVIS, individually and on behalf of all others similarly situated, D.C. No. Plaintiffs-Appellants/ 2:19-cv-01228- Cross-Appellees, SMB
v.
OPINION
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER
DISTRICT,
Defendant-Appellee/Cross- Appellant.
Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding
Argued and Submitted February 2, 2021 Phoenix, Arizona
Filed January 31, 2022 Before: William A. Fletcher, Eric D. Miller, and Danielle J. Forrest, * Circuit Judges.
Opinion by Judge Miller
SUMMARY **
Antitrust
The panel affirmed in part and reversed in part the district court’s dismissal of an action alleging that a price plan adopted by Salt River Project Agricultural Improvement and Power District (“SRP”), a power and water utility, unlawfully discriminated against customers with solar-energy systems and was designed to stifle competition in the electricity market.