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KAW VALLEY ELEC. CO-OP. CO., INC. v. KANSAS ELEC. POWER COOPERATIVE, INC.

No. 87-1078.

872 F.2d 931 (1989)

The KAW VALLEY ELECTRIC COOPERATIVE COMPANY, INC., Plaintiff-Appellant, v. KANSAS ELECTRIC POWER COOPERATIVE, INC., and Kansas Electric Cooperatives, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 11, 1989.

Attorney(s) appearing for the Case

James M. Caplinger (James M. Caplinger, Jr. and Mark E. Caplinger with him on the brief) of James M. Caplinger, Chartered, Topeka Kan., for plaintiff-appellant.

Craig Kennedy of Kassebaum & Johnson, Wichita, Kan. (John Philip Kassebaum of Kassebaum & Johnson, Wichita, Kansas, and Harold Haun, Staff Counsel, Kansas Electric Power Cooperative, Inc., Topeka, Kansas, with him on the brief), for defendant-appellee Kansas Elec. Power Co-op., Inc.

Michael J. Grady and James L. Grimes of Cosgrove, Webb & Oman, Topeka, Kan., filed a brief for defendant-appellee Kansas Elec. Co-op., Inc.

Before SEYMOUR and EBEL, Circuit Judges, and RUSSELL, District Judge.

SEYMOUR, Circuit Judge.

Plaintiff Kaw Valley Electric Cooperative brought suit against defendants Kansas Electric Power Cooperative (KEPCo) and Kansas Electric Cooperatives (KEC), charging them with a conspiracy to violate federal and Kansas antitrust laws. On defendants' motion for summary judgment, the district court held that the suit had been brought outside the four-year statute of limitations period. We affirm.

I.

Summary judgment is appropriate...

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