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IN RE WHITTAKER

Nos. 88-1914, 88-1915, 88-1952 and 88-1953.

882 F.2d 791 (1989)

In re Mary Lee WHITTAKER. (Two Cases) WHITTAKER, Mary Lee, on behalf of herself and all others similarly situated v. The PHILADELPHIA ELECTRIC COMPANY, Appellant in Nos. 88-1914 and 88-1915. Appeal of WHITTAKER, Mary Lee, on behalf of herself and all others similarly situated, Appellant in Nos. 88-1952 and 88-1953.

United States Court of Appeals, Third Circuit.

Decided August 15, 1989.

Attorney(s) appearing for the Case

Charles W. Bowser (argued) and James P. Cousounis, Baskin Flaherty Elliott & Mannino, P.C., Philadelphia, Pa., for appellant, Philadelphia Elec. Co.

Michael Donahue (argued), David Searles, and Henry J. Sommer, Philadelphia, Pa., for appellant, Mary Lee Whittaker.

Before STAPLETON, SCIRICA and WEIS, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I.

On October 15, 1987, the Philadelphia Electric Company ("PECO") terminated Mary Lee Whittaker's electric service for nonpayment of delinquent electric bills totaling $1,594.97. Without electric service, Ms. Whittaker, who at the time resided with two of her adult children and four of her grandchildren, faced a number of hardships. She was unable to use her refrigerator, furnace, or electric lights...

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