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

Civ. A. No. 77-1145.

570 F.Supp. 553 (1983)

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.

August 31, 1983.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D.C., Edward Leymarie, Borough Sol., Borough of Ellwood City, Ellwood City, Pa., for plaintiffs.

Steven A. Berger, New York City, Stephen Feld, James R. Edgerly, New Castle, Pa., Terence H. Benbow, New York City, Edward C. Schmidt, Pittsburgh, Pa., for defendant.

MEMORANDUM

McCUNE, District Judge.

We consider Pennsylvania Power Company's second motion for summary judgment and plaintiff's motion for leave to amend the complaint. We previously considered defendant's motion to dismiss, which was treated, in part, as one for summary judgment pursuant to Fed.R.Civ.P. 12(b)(6), in Borough of Ellwood City v. Pennsylvania Power Company, 462 F.Supp. 1343 (W.D.Pa. 1979). We incorporate...

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