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ELECTRIC LIGHTWAVE, INC. v. RICHARDSON

No. Civ.A. 99-540-HA.

106 F.Supp.2d 1063 (1999)

ELECTRIC LIGHTWAVE, INC., a Delaware corporation, Plaintiff, v. Bill RICHARDSON, Secretary United States Department of Energy, acting by and through Judith Johansen, administrator of the Bonneville Power Administration, Defendant.

United States District Court, D. Oregon.

May 18, 1999.

Attorney(s) appearing for the Case

James S. Smith, Davis Wright Tremaine, LLP, Portland, OR, for plaintiff.

Thomas C. Lee, Assistant United States Attorney, Portland, OR, for defendant.

OPINION AND ORDER

HAGGERTY, District Judge.

Plaintiff Electric Lightwave ("ELI") brought this action to compel arbitration pursuant to the terms of its contract with the Bonneville Power Administration ("BPA"), an agency of the United States Department of Energy. ELI leased fiber optic cables owned by the BPA, and § 8 of that agreement contains performance requirements ELI must meet in order to maintain its exclusive rights. In February 1999 the BPA...

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