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LUCAS v. WISCONSIN ELECTRIC POWER COMPANY

No. 71-1113.

466 F.2d 638 (1972)

Alvin LUCAS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. WISCONSIN ELECTRIC POWER COMPANY, a Wisconsin public utility company, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 1972.

Certiorari Denied January 8, 1973.

Attorney(s) appearing for the Case

Mark E. Wilson, Milwaukee, Wis., for plaintiff-appellant.

Robert H. Gorske, Milwaukee, Wis., Robert W. Warren, Atty. Gen., Madison, Wis., Paul Rodgers, Gen. Counsel, Ray M. Druley, Deputy Asst. Gen. Counsel, National Assoc. Regulatory Utility Comnrs., Washington, D. C., for defendants-appellees.

Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge, KILEY, FAIRCHILD, CUMMINGS, PELL, STEVENS and SPRECHER, Circuit Judges.

Argued En Banc May 24, 1972.*

Certiorari Denied January 8, 1973. See 93 S.Ct. 928.

STEVENS, Circuit Judge.

This appeal arises out of a dispute over plaintiff's monthly billing of $9.89 for residential electric service for November, 1969. The question presented is whether the Power Company's proposed method of resolving the dispute— by terminating plaintiff's service unless the disputed bill is paid within five days...

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