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PENNSYLVANIA WATER & P. CO. v. CONSOLIDATED GAS ELECTRIC LIGHT & POWER CO.

Civ. No. 5253.

97 F.Supp. 952 (1951)

PENNSYLVANIA WATER & POWER CO. et al. v. CONSOLIDATED GAS ELECTRIC LIGHT & POWER CO. et al.

United States District Court, D. Maryland.

May 3, 1951.

Attorney(s) appearing for the Case

Wilkie Bushby, New York City, James Piper, R. Dorsey Watkins, Baltimore, Md., Piper, Watkins, Avirett & Egerton, Baltimore, Md. for Pennsylvania Water Co.

Wm. J. Grove, Lloyd S. Benjamin, and Chas. E. Thomas all of Harrisburg, Pa., for Pennsylvania Public Utilities Commission.

Alfred P. Ramsey, Harry N. Baetjer, Baltimore, Md., Venable, Baetjer & Howard, Baltimore, Md., for Consolidated Gas Co.

Paul F. Due, Baltimore, Md., for Safe Harbor Corp.

Chas. D. Harris, Baltimore, Md., for Maryland Public Service Commission.

BRYAN, District Judge.

Pattern for decision here is prescribed by Pennsylvania Water & Power Co. v. Consolidated Gas Electric Light & power Co., 4 Cir., 184 F.2d 552, from which it follows that summary judgment must go for the plaintiffs on their motion. The instant or 3-party contract of June 1, 1931, designs a restraint violative of the Sherman Act, 15 U.S.C.A. § 1 et seq., and in the process breaks the Pennsylvania...

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