United States v. Darla June Yellow Earrings

Nebraska Public Power District appeals from a judgment in favor of Nucor Corporation on a breach of contract claim against Nebraska Power based on electric rate overcharges. A panel of this court heard argument and then remanded for additional findings on the issue of whether the Johnson Act, 28 U.S.C. § 1342 (1982), required us to hold that the district court lacked jurisdiction to entertain this action. The district court tried the issue and certified its findings to this court. We affirm the district courts determination that the Johnson Act did not deprive it of jurisdiction, and we affirm the judgment on the merits.