PHILADELPHIA ELECTRIC CO., on Behalf of Itself and All Others Similarly Situated,
v.
WESTINGHOUSE ELECTRIC CORPORATION, Allis-Chalmers Manufacturing Company, General Electric Company, McGraw Edison Company, Moloney Electric Company and Wagner Electric Corporation.
Pennsylvania Public Utility Commission, Appellant.
United States Court of Appeals Third Circuit.https://leagle.com/images/logo.png
Argued June 7, 1962.
Decided September 26, 1962.
Rehearing Denied October 23, 1962.
Attorney(s) appearing for the Case
Miles Warner, Philadelphia, Pa. (William A. Goichman, Asst. Counsel, Philadelphia, Pa., Joseph I. Lewis, Chief Counsel, David Stahl, Atty. Gen. of Pennsylvania, Harrisburg, Pa., on the brief), for appellant.
W. Bradley Ward, Philadelphia, Pa., for appellees.
Schnader, Harrison, Segal & Lewis, Edward W. Mullinix, Ira P. Tiger, Philadelphia, Pa., on the brief for Allis-Chalmers Mfg. Co., appellee.
Drinker, Biddle & Reath, Henry W. Sawyer, III, Philadelphia, Pa., on the brief, for General Electric Co., appellee.
Montgomery, McCracken, Walker & Rhoads, Charles A. Wolfe, Joseph W. Swain, Jr., Philadelphia, Pa., on the brief for McGraw-Edison Co., appellee.
White & Williams, W. Wilson White, Philadelphia, Pa., on the brief, for Moloney Electric Co. and Wagner Electric Corp., appellees.
Pepper, Hamilton & Scheetz, Philip H. Strubing, Philadelphia, Pa., on the brief for Westinghouse Electric Corp., appellee.
Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.
United States Court of Appeals Third Circuit.
HASTIE, Circuit Judge.
On August 2, 1961, the Philadelphia Electric Company brought this "spurious" class action1 in the district court against suppliers of electrical equipment, asserting representation of "all public utilities furnishing electric service to consumers in Pennsylvania, all of which are subject to regulation by the Pennsylvania Public Utility Commission". The plaintiff seeks to recover three times the amount of overcharges...
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