ATLANTIC CITY ELECTRIC COMPANY v. GENERAL ELECTRIC COMPANY


337 F.2d 844 (1964)

ATLANTIC CITY ELECTRIC COMPANY et al., Respondents-Plaintiffs, v. GENERAL ELECTRIC COMPANY et al., Petitioners-Defendants.

United States Court of Appeals Second Circuit.

Decided July 16, 1964.


Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for Allis-Chalmers Mfg. Co.

White & Case, New York City, for General Electric Co.

Cravath, Swaine & Moore, New York City, for Westinghouse Electric Corp.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiffs Atlantic City Electric Co. et al., and Appalachian Power Co. et al.

Webster, Sheffield, Fleischmann, Hitchcock & Chrystie, New York City, for Plaintiffs Atlantic City Electric Co. et al.

LeBoeuf, Lamb & Leiby, New York City, for plaintiffs Arkansas Power & Light Co. et al., Consolidated Edison Co. of New York, Inc., Niagara Mohawk Power Corp., Orange and Rockland Utilities, Inc.

Reid & Priest, Coudert Brothers, New York City, for plaintiffs Dallas Power & Light Co. et al., and Carolina Power & Light Co. et al.

Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiffs Consumers Power Co. et al.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.


PER CURIAM.

The district court has certified pursuant to section 1292(b), 28 U.S.C.A. that its order, sustaining objections to interrogatories designed to discover whether damages were actually sustained by plaintiffs who may have shifted such damages, if any, to their customers of electricity, involves a controlling question of law in these litigations and that there is substantial ground for differences of opinion. The court noted in its opinion that the Court of...

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