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USA POWER, LLC v. PACIFICORP

No. 20130442.

372 P.3d 629 (2016)

2016 UT 20

USA POWER, LLC, USA Power Partners, LLC, and Spring Canyon Energy, LLC, Appellees and Cross-Appellants, v. PACIFICORP, Appellant and Cross-Appellee. USA Power, LLC, USA Power Partners, LLC, and Spring Canyon Energy, LLC, Appellants, v. Jody L. Williams and Holme Roberts & Owen, LLP, Appellees.

Supreme Court of Utah.

May 16, 2016.

Attorney(s) appearing for the Case

Peggy A. Tomsic, James E. Magleby, Eric K. Schnibbe, Salt Lake City, for USA Power, LLC, USA Power Partners, LLC, and Spring Canyon Energy, LLC.

Peter Watson Billings Jr., James S. Jardine, Michael G. Jenkins, P. Bruce Badger, Samuel C. Straight, Timothy K. Clark, Salt Lake City, for PacifiCorp.

Michael D. Zimmerman, Thomas R. Karrenberg, Stephen P. Horvat, Troy L. Booher, Clemens A. Landau, Salt Lake City, for Jody L. Williams and Holme Roberts & Owen, LLP.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice LEE, Justice DURHAM, and Judge TOOMEY joined. Having recused himself, Justice HIMONAS does not participate herein; Court of Appeals Judge KATE A. TOOMEY sat. Justice JOHN A. PEARCE became a member of the Court on December 17, 2015, after oral argument in this matter, and accordingly did not participate.

Introduction

¶ 1 This case concerns a dispute about proprietary plans to develop a power plant. USA Power, LLC engaged in extensive work to research and develop a power plant project in Mona, Utah — its Spring Canyon "vision." It claims that this vision is a trade secret, that PacifiCorp...

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