LONG LAKE ENERGY CORP. v. NIAGARA MOHAWK POWER CORP.

No. 87 Civ. 9084 (WK).

700 F.Supp. 186 (1988)

LONG LAKE ENERGY CORPORATION, Plaintiff, v. NIAGARA MOHAWK POWER CORPORATION, Defendant.

United States District Court, S.D. New York.

November 23, 1988.


Attorney(s) appearing for the Case

Robert L. Sills, Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City; Robert J. Riegel, James B. Blaney, Janet E. Mattick, on the brief, for plaintiff.

Grant S. Lewis, Leboeuf, Lamb, Leiby & MacRae, New York City (Thomas G. Rohback, Dennis P. Harkawik, of counsel), Gary J. Lavine, Michael W. Murphy, Niagara Mohawk Power Corp., Syracuse, for defendant.


MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

Defendant Niagara Mohawk Power Corporation ("Niagara") brings this motion for summary judgment on the ground that plaintiff Long Lake Energy Corporation ("Long Lake") cannot, as a matter of law, establish an "antitrust injury". In the alternative, Niagara seeks a stay pending the resolution of prior-filed agency proceedings. For reasons which follow, we deny the motion for summary judgment without prejudice...

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