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CITY OF GAINESVILLE v. FLORIDA POWER & LIGHT CO.

No. 79-5101-Civ-JLK.

488 F.Supp. 1258 (1980)

The CITY OF GAINESVILLE and the Gainesville-Alachua County Regional Utilities Board, the Lake Worth Utilities Authority, the Utilities Commission of New Smyrna Beach, the Sebring Utilities Commission, the Cities of Alachua, Bartow, Ft. Meade, Homestead, Kissimmee, Mount Dora, Newberry, St. Cloud, Starke, and Tallahassee, Florida, Plaintiffs, v. FLORIDA POWER & LIGHT COMPANY, Defendant.

United States District Court, S. D. Florida, Miami Division.

April 18, 1980.

Attorney(s) appearing for the Case

Alan J. Roth and Robert A. Jablon, Spiegel & McDiarmid, Washington, D. C., Joseph C. Jacobs, Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, Fla., for plaintiffs.

Daniel M. Gribbon, Covington & Burling, Washington, D. C., William Killian, Steel, Hector & Davis, Miami, Fla., for defendant.

ORDER ON CROSS-MOTIONS TO DISMISS

JAMES LAWRENCE KING, District Judge.

At issue in this complex antitrust case are cross-motions to dismiss the defendant's counterclaim and to dismiss various portions of the plaintiffs' complaint. The plaintiffs in this action are fourteen small to medium-sized Florida cities and city utilities (hereinafter, the Cities). The single defendant is Florida Power and Light Company (hereinafter, FPL), the largest electric utility...

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