Pacific Gas and Electric Company v. Howard P. Foley Company, Inc.

79 F.3d 1154 1996-1 Trade Cases P 71,340 , RICO Bus.Disp.Guide 9004 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PACIFIC GAS AND ELECTRIC COMPANY, Plaintiff-Appellant, v. HOWARD P. FOLEY COMPANY, INC., et al., Defendants-Appellees. No. 94-16162. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1995. Decided March 6, 1996. 1 Before: GOODWIN and REINHARDT, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 Plaintiff, Pacific Gas & Electric Company ("PG & E" or "Plaintiff" or "Appellant"), sought treble damages for the period 1972-1977 during which it paid Defendant Howard P. Foley Company, Inc. ("Foley") contracting company cost-plus 15%, a rate which PG & E alleges was possible only as a result of bid-rigging in violation of either the Sherman Act or RICO or both. PG & E alleges that a competitive fee during that time period would have been between cost-plus 4% and cost-plus 8%. PG & E calculates the excess fees…