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ALMEDA MALL, INC. v. HOUSTON LIGHTING & POWER CO.

No. 78-1586.

615 F.2d 343 (1980)

ALMEDA MALL, INC. and Northwest Mall, Inc., Plaintiffs-Appellants, Cross-Appellees, v. HOUSTON LIGHTING & POWER CO., Defendant-Appellee, Cross-Appellant. WESTWOOD MALL, INC., a Maryland Corporation, Plaintiff-Appellant, Cross-Appellee, v. HOUSTON LIGHTING & POWER CO., a Texas Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 11, 1980.

Attorney(s) appearing for the Case

Lewis A. Noonberg, Paul V. Niemeyer, Baltimore, Md., Richard R. Goldberg, Richard G. McCauley, Columbia, Md., for plaintiffs-appellants, cross-appellees.

Baker & Botts, Walter E. Workman, David P. Cotellesse, C. Henry Kollenberg, Houston, Tex., for defendant-appellee, cross-appellant.

Before COLEMAN, Chief Judge, REAVLEY and ANDERSON, Circuit Judges.

COLEMAN, Chief Judge.

In this antitrust action the plaintiff Malls charge that Power Company refusal to sell them electricity through a single meter for individual resale to their business tenants is a violation of the federal antitrust laws and is discriminatory under Texas state law.

The lengthy record presents novel issues. The Malls do not generate or transmit or distribute electric power generally, and they have no intention of doing so. They simply wish...

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