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TOWN OF CONCORD, MASS. v. BOSTON EDISON CO.

Civ. A. No. 87-1881-C.

676 F.Supp. 396 (1988)

TOWN OF CONCORD, MASSACHUSETTS and Town of Wellesley, Massachusetts, Plaintiffs, v. BOSTON EDISON COMPANY, Defendant.

United States District Court, D. Massachusetts.

January 5, 1988.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Wheatley & Wollesen, Annapolis, Md., Woodrow D. Wolleren, Vienna, Va., Arthur L. Stevenson (Town Counsel), Goodwin, Proctor & Hoar, Boston, Mass., Albert S. Robinson (Town Counsel), Grindle, Robinson & Kertzman, Wellesley, Mass., for plaintiffs.

William G. Meserve, William L. Patton, Ropes and Gray, John Desmond, Wayne R. Frigard, Boston, Mass., for defendant.

MEMORANDUM

CAFFREY, Senior District Judge.

This action is before the Court on defendant's motion to dismiss Count II of the plaintiffs' complaint. The sole issue for decision is whether electricity is a "commodity" within the meaning of Section 2(a) of the Clayton Act, 15 U.S.C. § 13(a), also referred to as the Robinson-Patman Act.

The plaintiffs are municipal corporations which own and operate electric distribution systems and engage in the...

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