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U.S. v. KENTUCKY UTILITIES CO.

Nos. 89-5660, 89-5701.

927 F.2d 252 (1991)

UNITED STATES of America, Plaintiff (89-5660), Plaintiff-Appellant (89-5701), Kit Wagar and Lexington Herald-Leader Company, Intervenors-Appellees (89-5660/5701), v. KENTUCKY UTILITIES COMPANY, Defendant-Appellant (89-5660), Defendant (89-5701).

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1991.

Attorney(s) appearing for the Case

Thomas W. Miller (argued), Theodore E. Cowen, Miller, Griffin & Marks, Lexington, Ky., for intervenors-appellees.

Malcolm Y. Marshall (argued), Alagia, Day, Marshall, Mintmire & Chauvin, Louisville, Ky., for defendant-appellant.

Louis DeFalaise, U.S. Atty., Lexington, Ky., Mary Doyle (argued), Department of Justice, Appellate Staff, Civ. Div., Terry M. Henry, Stuart E. Schiffer, Elizabeth A. Pugh, Leonard Schaitman, U.S. Department of Justice, Civ. Div., Washington, D.C., for plaintiff-appellant.

Before GUY and NORRIS, Circuit Judges, CONTIE, Senior Circuit Judge.

ALAN E. NORRIS, Circuit Judge.

Appellants, United States of America and Kentucky Utilities Company ("KU"), appeal from an order of the United States District Court for the Eastern District of Kentucky modifying a Stipulation and Order of Dismissal arrived at by mutual agreement of the appealing parties.

BACKGROUND

This matter comes to us by a tortuous procedural route. On February 26, 1981, the United States brought an antitrust action against KU...

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