LEASE LIGHTS INC. v. PUBLIC SERVICE CO. OF OKL.

No. 86-1797.

849 F.2d 1330 (1988)

LEASE LIGHTS, INC.; Jack R. Seay, d/b/a Seay Electric Company; Knight Lights Company, Inc.; and Protective Lighting, Inc., Plaintiffs-Appellees, v. PUBLIC SERVICE COMPANY OF OKLAHOMA, a corporation, Defendant-Appellant Oklahoma Corporation Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 27, 1988.


Attorney(s) appearing for the Case

Jack I. Gaither (Bruce D. Gaither with him on the brief), Tulsa, Okl., for plaintiffs-appellees.

Jeffrey H. Howard of Davis, Graham & Stubbs (Floyd L. Walker and James F. Bullock of Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Okl.; and Robert H. Harry, Denver, Colo., with him on the briefs), Washington, D.C., for defendant-appellant.

Lindil Fowler, Gen. Counsel, Oklahoma City, Okl., on the brief, for amicus curiae.

Before LOGAN, MOORE, and BALDOCK, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

The Public Service Company of Oklahoma (PSO) appeals from the jury verdict that it monopolized a sector of the leased outdoor lighting market in Tulsa, Oklahoma. PSO argues its conduct was controlled and supervised by the Oklahoma Corporation Commission (the Commission) until 1985 and may not be the subject of an antitrust action under the state action doctrine. PSO further urges that plaintiffs fail to prove sufficient non-immune conduct...

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