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CITY OF CLEVELAND v. CLEVELAND ELEC., ETC.

Civ. A. No. C75-560.

538 F.Supp. 1344 (1981)

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

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

Opinion on Motion for Reconsideration October 16, 1981.

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.

KRUPANSKY, District Judge.

Presently before the Court is the oral motion of the defendant The Cleveland Electric Illuminating Company (CEI) seeking, pursuant to Rule 50(a), Fed.R.Civ.P., a determination that insufficient evidence has been adduced to support the plaintiff City of Cleveland's contention that the defendant proximately caused the loss of generating capacity attributable to the demise of the City's 85 mw generating unit. The Court permitted oral argument...

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