CITY OF GROTON v. CONNECTICUT LIGHT & POWER CO.

No. 715, Docket 80-7779.

662 F.2d 921 (1981)

CITY OF GROTON, City of Norwich, Borough of Jewett City, Plaintiffs, Second Taxing District of the City of Norwalk, Third Taxing District of the City of Norwalk, and the Town of Wallingford, Connecticut, Plaintiffs-Appellants, v. The CONNECTICUT LIGHT & POWER CO., Northeast Utilities, Inc., the Hartford Electric Light Co. and the Northeast Utilities Service Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 13, 1981.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Don Charles Uthus, James Howard, Peter A. Goldsmith, Wheatley & Wollesen, Washington, D. C., John A. Milici, John Ryan, Keene & Milici, Norwalk, Conn., and Robert Regan, Wallingford, Conn., for plaintiffs-appellants.

Palmer S. McGee, Jr., Albert Zakarion, April Haskell, James G. Green, Jr., Day, Berry & Howard, Hartford, Conn., Dean M. Cordiano, University of Kansas Law School, for defendants-appellees.

Before OAKES and KEARSE, Circuit Judges, and RE, Chief Judge, United States Court of International Trade.


OAKES, Circuit Judge:

The State of Connecticut, like many other states, grants exclusive franchise areas to private utilities and to certain municipalities to provide retail electric service to customers within the franchise area. The Town of Wallingford, the Second Taxing District of Norwalk, and the Third Taxing District of Norwalk each have municipal franchises; the first two also have a limited generation capacity which...

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