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LONG ISLAND LIGHTING CO. v. STANDARD OIL CO. OF CALIF.

Nos. 1118, 1119, Dockets 75-7177, 75-7178.

521 F.2d 1269 (1975)

LONG ISLAND LIGHTING COMPANY, Appellant, v. STANDARD OIL COMPANY OF CALIFORNIA et al., Appellees. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant, v. STANDARD OIL COMPANY OF CALIFORNIA et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided August 22, 1975.

Certiorari Denied January 19, 1976.

Attorney(s) appearing for the Case

Lord, Day & Lord, New York City, for appellees Standard Oil Co. of California and Chevron Oil Trading Co.; G. Kenneth Handley, Gordon D. Spivack, John W. Castles, 3d, Harry G. Sklarsky, David H. Marks, Carolyn T. Ellis, New York City, Pillsbury, Madison & Sutro, San Francisco, Cal., Turner H. McBaine, Wallace L. Kaapcke, Thomas E. Haven, San Francisco, Cal., of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for appellee Mobil Oil Corp.; Sanford M. Litvack, James A. Magee, Benjamin Vinar, New York City, of counsel.

Debevoise, Plimpton, Lyons & Gates, New York City, for appellee Texaco Overseas Petroleum Co.; Robert B. von Mehren, Irwin J. Sugarman, New York City, of counsel.

Rosenman, Colin, Kaye, Petscheck, Freund & Emil, New York City, for appellants; Asa D. Sokolow, David W. Cohen, Charles A. Soberman, Paul E. Levine, New York City, of counsel.

Kaye, Scholer, Fierman, Hays & Handler, Charles F. Kazlauskas, Jr., New York City, for appellee Texaco Inc.; Milton Handler, Milton J. Schubin, Daniel E. Lazaroff, New York City, of counsel.

Before GIBBONS, GURFEIN and MESKILL, Circuit Judges.

Certiorari Denied January 19, 1976. See 96 S.Ct. 855.

GIBBONS, Circuit Judge:

This is a consolidated appeal by Long Island Lighting Company (LILCO), and Consolidated Edison Company of New York, Inc. (CON EDISON). Both companies were plaintiffs in separate antitrust actions which had been consolidated for trial in the district court. That court granted the defendants' joint motion, pursuant to Rule 12(b)(6), Fed.R.Civ.P., to dismiss the first and second counts...

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