OKEFENOKEE RURAL ELEC. MEM. CORP. v. FLORIDA P. & L. CO.

No. 14875.

214 F.2d 413 (1954)

OKEFENOKEE RURAL ELECTRIC MEMBERSHIP CORP. v. FLORIDA POWER & LIGHT CO. et al.

United States Court of Appeals Fifth Circuit.

July 9, 1954.


Attorney(s) appearing for the Case

E. Kontz Bennett, Waycross, Ga., Chester Bedell, Jacksonville, Fla., J. Edwin Gay, Jacksonville, Fla., Bennett, Pedrick & Bennett, Waycross, Ga., Bedell & Bedell, Jacksonville, Fla., of counsel, for appellant.

Guy W. Botts, William M. Madison, City Atty., Jacksonville, Fla., Will M. Preston, Miami, Fla., Fleming, Jones, Scott & Botts, Jacksonville, Fla., Anderson, Scott, McCarthy & Preston, Miami, Fla., of counsel, for appellees.

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and DAWKINS, District Judge.


RIVES, Circuit Judge.

The appellant, Okefenokee Rural Electric Membership Corporation, sued the appellees, Florida Power and Light Company, City of Jacksonville and J. D. Kennedy, the City's Commissioner of Utilities, for treble damages and for an injunction in an action based upon the Sherman and Clayton Anti-Trust Acts.1 The district judge granted defendants' several motions to dismiss and dismissed the action "without leave to the plaintiff...

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