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CITY OF CLEVELAND v. CLEVELAND ELEC. ILL. CO.

Nos. 77-3017 and 77-3310.

570 F.2d 123 (1978)

CITY OF CLEVELAND, Plaintiff-Appellant, v. The CLEVELAND ELECTRIC ILLUMINATING COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 16, 1978.

Attorney(s) appearing for the Case

Jack M. Schulman, Vincent C. Campanella, Robert D. Hart, Cleveland, Ohio, James B. Davis, Hahn, Loeser, Freedheim, Dean & Wellman, Malcom C. Douglas, Acting Director of Law, Cleveland, Ohio, for plaintiff-appellant.

John Lansdale, Jr., Squire, Sanders & Dempsey, Cleveland, Ohio, Richard A. Miller, Donald H. Hauser, The Cleveland Electric Illuminating Co., Cleveland, Ohio, for defendant-appellee.

Before PHILLIPS, Chief Judge, and WEICK and PECK, Circuit Judges.

WEICK, Circuit Judge.

The City of Cleveland (City) has appealed from a summary judgment entered against it by the District Court on Counts 2 and 3 of the Second Counterclaim filed against the City by The Cleveland Electric Illuminating Company (CEI), which judgment was made final under Fed.R.Civ.P. 54(b).

I

The City had filed an antitrust action in the Federal District Court against defendants, CEI, Duquesne Light Company, Ohio Edison Company, Pennsylvania...

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