CITY OF CLEVELAND v. CLEVELAND ELEC., ETC.

Civ. A. No. C75-560.

538 F.Supp. 1303 (1980)

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

United States District Court, N. D. Ohio, E. D.

October 15, 1980.


Attorney(s) appearing for the Case

William B. Norris, Hahn, Loeser, Freedheim, Dean & Wellman, James E. Young, Thomas E. Wagner, Director of Law, City of Cleveland, Cleveland, Ohio, for plaintiff.

John Lansdale, James P. Murphy, Squire, Sanders & Dempsey, Cleveland, Ohio, for defendant.


MEMORANDUM AND ORDER

KRUPANSKY, District Judge.

By memorandum filed July 7, 1980, the defendant in this proceeding, the Cleveland Electric Illuminating Company (CEI), asserts that plaintiff-City of Cleveland (City) is precluded from selling surplus power outside the city pursuant to Article XVIII, Section 6 of the Ohio Constitution except when such surplus is the residue of what is locally generated to serve city customers. By memorandum filed October 8...

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