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CITY OF CHANUTE v. KANSAS GAS AND ELEC. CO.

No. 83 1104.

564 F.Supp. 1416 (1983)

CITY OF CHANUTE, City of Iola, and City of Fredonia, Plaintiffs, v. KANSAS GAS AND ELECTRIC COMPANY, Defendant.

United States District Court, D. Kansas.

June 1, 1983.

Attorney(s) appearing for the Case

Charles Apt, Glaves, Weil & Evans, Wichita, Kan. and Charles F. Wheatley, Jr., Don Charles Uthus, Peter A. Goldsmith, Wheatley & Wollesen, Washington, D.C., for plaintiffs.

Ralph Foster, J. Michael Peters, Wichita, Kan., for defendant.

Kansas Corp. Com'n, Brian J. Moline, Topeka, Kan., amicus curiae.

MEMORANDUM

CROW, District Judge.

Plaintiff cities of Chanute, Fredonia and Iola (cities) have filed this action against Kansas Gas and Electric Company (KG & E) alleging violations of Sections 1 & 2 of the Sherman Act, Section 3 of the Clayton Act, and K.S.A. §§ 50-101, 50-112. Cities have brought suit under the appropriate jurisdictional statutes, 15 U.S.C. § 15 and K.S.A. §§ 50-108, 50-115. The matter is presently before...

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