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BOROUGH OF ELLWOOD CITY, PA. v. PA. POWER CO.

Civ. A. No. 77-1145.

462 F.Supp. 1343 (1979)

BOROUGH OF ELLWOOD CITY, PENNSYLVANIA, Borough of Grove City, Pennsylvania, Municipal Corporations, Plaintiffs, v. PENNSYLVANIA POWER COMPANY, a Pennsylvania Corporation, Defendant.

United States District Court, W. D. Pennsylvania.

January 4, 1979.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Wheatley & Miller, Washington, D.C., Nick A. Frisk, Jr., Ellwood City, Pa., Herman M. Rodgers, Borough Sol., Sharon, Pa., Marvin A. Luxenburg, Keller, Luxenburg & Garbett, Ellwood City, Pa., for plaintiffs.

Terence H. Benbow, Winthrop, Stimson, Putman & Roberts, New York City, Harold R. Schmidt, Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, Pa., for defendant.

OPINION

McCUNE, District Judge.

Plaintiffs, the Boroughs of Ellwood City and Grove City, have brought this civil antitrust action against defendant, the Pennsylvania Power Company (Penn Power), alleging violations of the Sherman Act, 15 U.S.C. §§ 1 and 2, and the Clayton Act, 15 U.S.C. § 12(a), by Penn Power, and seeking injunctive and declaratory relief in addition to treble damages, as provided in the Sherman and Clayton Acts. Plaintiffs...

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