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CANAL ELEC. CO. v. WESTINGHOUSE ELEC. CORP.

Civ. A. No. 85-2902-Y.

756 F.Supp. 620 (1990)

CANAL ELECTRIC COMPANY, Commonwealth Electric Company, Cambridge Electric Light Company, Montaup Electric Company, Boston Edison Company, Massachusetts Municipal Wholesale Electric Company and New England Power Company, Plaintiffs, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant.

United States District Court, D.Massachusetts.

On Motion For Reconsideration February 1, 1991.

Attorney(s) appearing for the Case

Sander A. Rikleen, Widett, Slater & Goldman, Boston, Mass., Mark Bruckmann, cocounsel, Wendy Millman, Mendes & Mount, New York City, for plaintiffs.

Jeffrey N. Stevens, John A. Walsh, Boston Edison Co., Boston, Mass., for Boston Edison Co.

Ralph E. Loomis, Robert J. Brill, Cheryl LaFleur, Westborough, Mass., for New England Power Co.

Edward P. Leibensperger, Nutter, McClennen & Fish, Boston, Mass., John Ferriter, Begley, Ferriter, Lavelle & Welch, Holyoke, Mass., for defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge.

The procedural device of certifying unsettled but controlling questions of state law to the highest court in a state for definitive resolution is a development of creative federalism, one that has worked well in this circuit, see, e.g., Ocasio-Juarbe v. Eastern Airlines, Inc., 902 F.2d 117 (1st Cir.1990) (certification to Supreme Court of Puerto Rico); Aetna Casualty...

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