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CITY OF MISHAWAKA, IND. v. AM. ELEC., ETC.

Nos. 79-1190, 79-1237 and 79-1354.

616 F.2d 976 (1980)

CITY OF MISHAWAKA, INDIANA, City of Niles, Michigan, City of Columbia City, Indiana, City of Bluffton, Indiana, City of Garrett, Indiana, City of Gas City, Indiana, Town of Frankton, Indiana, Town of Warren, Indiana, Town of New Carlisle, Indiana, and Town of Avilla, Indiana, Municipal Corporations, Plaintiff-Appellees and Cross-Appellants, v. AMERICAN ELECTRIC POWER COMPANY, INC., American Electric Power Service Corporation, and Indiana and Michigan Electric Company, Corporations, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 21, 1980.

Rehearing and Rehearing Denied March 31, 1980.

Attorney(s) appearing for the Case

William J. Manning, New York City, for defendants-appellants and cross-appellees.

Thomas R. Ewald, Washington, D. C., for plaintiffs-appellees and cross-appellants.

Before SPRECHER and WOOD, Circuit Judges, and WILL, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 31, 1980.

HARLINGTON WOOD, Jr., Circuit Judge.1

Involved is the application of the Sherman Act2 to a vertically integrated investor-owned electric utility, found by the trial court to be a monopoly. The utility's wholesale rates are subject to regulation by the Federal Energy Regulatory Commission3 and its retail rates are subject...

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