[DOWNLOAD] "Kern-Tulare Water District V. City Of Bakersfield" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Kern-Tulare Water District V. City Of Bakersfield
• Author : United States Court of Appeals for the Ninth Circuit
• Release Date : January 18, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

In this appeal we confront two issues. We decide first whether the involvement of California water law issues in an antitrust case warrants either dismissal for reasons of wise judicial administration or abstention. Because dismissal was not necessary for reasons of wise judicial administration and since federal resolution of the antitrust claims does not unduly intrude upon state interests, we affirm the district court's refusal to dismiss or abstain. We also decide whether a city enjoys immunity from the antitrust laws for refusing consent to a water district which wished to sell certain water it had acquired from the city. Because we hold that the refusal to consent was a logical and foreseeable result of the city's statutory authorization regarding water rights, we reverse the district court's determination that the city was not entitled to immunity, and remand with instructions to dismiss the action.

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