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BEGLEY v. PHILADELPHIA ELEC. CO.

Nos. 84-1370, 84-1635.

760 F.2d 46 (1985)

BEGLEY, Josephine and Daniel v. PHILADELPHIA ELECTRIC CO. et al. Appeal of PHILADELPHIA ELECTRIC COMPANY. BEGLEY, Josephine and Daniel v. PHILADELPHIA ELECTRIC CO. et al. Appeal of PHILADELPHIA ELECTRIC COMPANY.

United States Court of Appeals, Third Circuit.

Decided April 19, 1985.

Attorney(s) appearing for the Case

Charles W. Bowser (argued), Kevin William Gibson, Pechner, Dorfman, Wolfe, Rounick & Cabot, Philadelphia, Pa., for appellant.

Alphonso Arnold, Jr. (argued), Daniel P. Delaney, Charles F. Hoffman, Harrisburg, Pa., for appellee, Pa. Public Utility Com'n.

Michael Donahue (argued), Margaret A. Lenzi, Delaware County Legal Assistance Assoc., Chester, Pa., for appellees, Josephine and Daniel Begley.

Before GARTH and BECKER, Circuit Judges, and ROSENN, Senior Circuit Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

This case presents the question whether section 366 of the Bankruptcy Code,1 pre-empts state public utility regulations which provide consumers with certain protective procedures prior to termination of utility service. The district court found no pre-emption and ordered Philadelphia Electric Company (PECO) to comply with the state regulations and effect an amortization schedule for...

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