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CITY OF LAFAYETTE, LA. v. LA. POWER & LIGHT CO.

No. 75-1909.

532 F.2d 431 (1976)

CITY OF LAFAYETTE, LOUISIANA, and City of Plaquemine, Louisiana, Plaintiffs-Appellees, v. LOUISIANA POWER & LIGHT COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 27, 1976.

Attorney(s) appearing for the Case

Andrew P. Carter, William T. Tete, New Orleans, La., for defendants-appellants.

Tom F. Phillips, Baton Rouge, La., for Gulf States Utilities Co.

Jerome A. Hochberg, Robert C. McDiarmid, Washington, D. C., Robert E. Winn, New Orleans, La., for plaintiffs-appellees.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge.

The sole question in this appeal is whether the actions of a city are automatically outside the scope of the federal antitrust laws. Answering in the negative, we reverse the decision below and remand for further proceedings.

I

A complaint filed on July 24, 1973, by the cities of Lafayette and Plaquemine, Louisiana (the Cities), alleged that appellant Louisiana Power & Light Company (Power & Light) and three other...

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