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APPALACHIAN POWER CO. v. PUBLIC SERV. COM'N

Civ. A. No. 2:85-0098.

630 F.Supp. 656 (1986)

APPALACHIAN POWER COMPANY, American Electric Power Company, Inc., Kentucky Power Company, Columbus and Southern Ohio Electric Co., Indiana & Michigan Electric Company, and Ohio Power Company, Plaintiffs, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA; Otis D. Casto, As member of the Public Service Commission of West Virginia; Michael D. Greer, As member of Public Service Commission of West Virginia, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

Judgment Order February 14, 1986.

Attorney(s) appearing for the Case

Charles McElwee and William C. Porth, Robinson & McElwee, Charleston, W.Va., A. Joseph Dowd, Edward J. Brady, Kevin F. Duffy and Marsha R. Schermer, American Elec. Power Service Corp., Columbus, Ohio, for plaintiffs.

Richard E. Hitt, Mark G. Thessin and Amy M. Lecocq, Charleston, W.Va., for Public Service Com'n of W.Va., Otis D. Casto and Michael D. Greer.

Billy Jack Gregg and Barbara Day, Consumer Advocate Div., W.Va., Public Service Com'n, Charleston, W.Va., for W.Va. residential customers of Appalachian Power Co.

MEMORANDUM OPINION

DENNIS R. KNAPP, District Judge.

This case is presently before the Court on cross-motions of the parties for summary judgment, filed pursuant to Rule 56 of the Federal Rules of Civil Procedure, and on Defendants' further motion to strike certain portions of Plaintiffs' affidavits in support of their motion for summary judgment.

Plaintiffs instituted this action on January 18, 1985, challenging an order the Public Service Commission...

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