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WASHINGTON GAS LIGHT CO. v. VIRGINIA ELECTRIC & POW. CO.

No. 14605.

438 F.2d 248 (1971)

WASHINGTON GAS LIGHT COMPANY, Appellee, v. VIRGINIA ELECTRIC AND POWER COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1971.

Attorney(s) appearing for the Case

Milton Handler, New York City (Michael D. Blechman, and Kaye, Scholer, Fierman, Hays & Handler, New York City, George D. Gibson, Lewis T. Booker, Michael W. Maupin, and Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., on brief), for appellant.

Herbert A. Bergson, Washington, D. C. (Howard Adler, Jr., Norman G. Knopf, Bergson, Borkland, Margolis & Adler, John J. Wilson, and Whiteford, Hart, Carmody & Wilson, Washington, D. C., James H. Simmonds, and Simmonds, Coleburn, Towner & Carman, Arlington, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, MURRAH, Senior Circuit Judge, and CRAVEN, Circuit Judge.

CRAVEN, Circuit Judge:

This is an appeal from a decision of the district court holding certain practices of the Virginia Electric and Power Company (VEPCO) to be per se violations of Section I of the Sherman Act, 15 U.S.C. § 1, and also violations of Section 3 of the Clayton Act, 15 U.S.C. § 14. Two issues are presented to us either of which may be decisive of the appeal. One is whether the complained of practices by VEPCO are "state action" and therefore...

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