1. Home
  2. Browse Decisions
  3. F.2d
  4. 603 F.2d
  5. 603 F.2d 791 (1979)
 

SUNFLOWER ELEC. COOP. v. KANSAS POWER & LIGHT CO.

No. 78-1188.

603 F.2d 791 (1979)

SUNFLOWER ELECTRIC COOPERATIVE, INC., Plaintiff-Appellant, v. The KANSAS POWER AND LIGHT COMPANY, Central Kansas Power Company, Central Telephone & Utilities Corporation, and United Telecommunications, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 4, 1979.

On Motion for Rehearing August 6, 1979.

Attorney(s) appearing for the Case

Wallace Edward Brand of Pearce & Brand, Washington, D. C. (Edward E. Hall of Pearce & Brand, Washington, D. C., on the brief), for plaintiff-appellant.

Lawrence A. Rouse of Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo. (Dick H. Woods of Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., and Cosgrove, Webb & Oman, Topeka, Kan., on the brief), for defendant-appellee The Kansas Power and Light Co.

Richard J. Rappaport of Ross, Hardies, O'Keefe, Babcock & Parsons, Chicago, Ill. (Keith P. Schoeneberger of Ross, Hardies, O'Keefe, Babcock & Parsons, Chicago, Ill., of counsel and on the brief, Weeks, Thomas, Lysaught, Bingham & Mustain, Kansas City, Kan., on the brief), for defendant-appellee Central Tel. & Utilities Corp.

James M. Caplinger, Topeka, Kan., on the brief, for defendant-appellees United Telecommunications, Inc. and Central Kansas Power Co.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The basic question in this case is whether the trial court was correct in its ruling that the primary jurisdiction of a Sherman Act case which was here presented was with the Federal Power Commission or whether or not the trial court should have proceeded to try the case. This cause has been languishing for a good many years and so we hasten to reach a decision in an effort to accelerate its progress.

The original complaint...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases