GAS LIGHT COMPANY OF COLUMBUS, Plaintiff-Appellant,
v.
GEORGIA POWER COMPANY and the Southern Company, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
March 23, 1971.
March 23, 1971.
Attorney(s) appearing for the Case
Albert W. Stubbs, Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, Ga., Law Offices of Joseph L. Alioto, Maxwell M. Blecher, Harold R. Collins, Jr., Peter J. Donnici, Peter L. Spinetta, San Francisco, Cal., for plaintiff-appellant.
Albert G. Norman, Jr., Atlanta, Ga., for Atlanta Gas Light Co., amicus curiae; Kent E. Mast, Carroll L. Wagner, Jr., Hansell, Post, Brandon & Dorsey, Atlanta, Ga., of counsel.
William H. Schroder, Allen E. Lockerman, James E. Joiner, Atlanta, Ga., S. E. Kelly, Jr., Columbus, Ga., for Georgia Power Co.; Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., Kelly, Champion & Henson, Columbus, Ga., of counsel.
Terence H. Benbow, Arnold S. Anderson, Steven A. Berger, New York City, William G. Scrantom, Jr., Columbus, Ga., for Southern Co.; Swift, Pease, Davidson & Chapman, Columbus, Ga., Winthrop, Stimson, Putnam & Roberts, New York City, of counsel.
Before BELL, DYER and RONEY, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
BELL, Circuit Judge:
This appeal presents an important question in drawing the balance between state action excluded from the federal antitrust laws under the aegis of Parker v. Brown, 1943, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315, on the one hand, and includible non-state action on the other, in the field of state regulated public utility monopolies. The case comes to us on an appeal by plaintiff from a summary judgment entered for...
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