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MUNICIPAL UTILITIES BD. v. ALABAMA POWER CO.

No. 90-7095.

934 F.2d 1493 (1991)

The MUNICIPAL UTILITIES BD. OF ALBERTVILLE; The City of Alexander City; the City of Andalusia; the City of Bessemer; the City of Brundidge; the City of Courtland; the Utilities Board of the City of Cullman, Inc.; the City of Decatur; the City of Dothan; the City of Evergreen; the City of Fairhope; the City of Florence; the Utilities Board of the City of Foley; the Fort Payne Improvement Authority; the Electric Board of Guntersville; the City of Hartford; the Electric Board of the City of Hartselle; the City of Huntsville; the City of Lafayette; the City of Lanett; the Electric Board of the City of Luverne; the Electric Board of the City of Muscle Shoals; the City of Opelika; the Utilities Board of the City of Opp; the City of Piedmont; the City of Robertsdale; the Scottsboro Electric Power Board; the Utilities Board of the City of Sylacauga; the City of Tuscumbia and the Utilities Board of the City of Tuskegee, Plaintiffs-Appellants, City of Lincoln, Alabama, a municipal corp., Applicant for Intervention-Appellant, v. ALABAMA POWER COMPANY; the Alabama Rural Electric Association of Cooperatives; Dixie Electric Cooperative; Covington Electric Cooperative, Inc.; Marshall-DeKalb Electric Cooperative; Southern Pine Electric Cooperative; Cherokee Electric Cooperative; Cullman Electric Cooperative; Pioneer Electric Cooperative, Inc.; Tombigbee Electric Cooperative, Inc.; Wiregrass Electric Cooperative, Inc.; Joe Wheeler Electric Membership Corporation; Clarke-Washington Electric Membership Corporation; Tallapoosa River Electric Cooperative; Pea River Electric Cooperative; Central Alabama Electric Cooperative; Sand Mountain Electric Cooperative; Franklin Electric Cooperative; North Alabama Electric Cooperative; Baldwin County Electric Membership Cooperation; Coosa Valley Electric Cooperative, Inc.; South Alabama Electric Cooperative, Inc.; Black Warrior Electric Membership Corporation; Arab Electric Cooperative, Inc. and Alabama Electric Cooperative, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 5, 1991.

Attorney(s) appearing for the Case

Robert D. Thorington, Wendell Cauley, Johnson & Thorington, Montgomery, Ala., Maynard, Cooper, Frierson & Gale, P.C., George G. Lynn, Birmingham, Ala., and Robert A. Jablon, Barbara Eshin, Spiegel & McDiarmid, Washington, D.C., for plaintiffs-appellants.

Charles M. Crook and John Mandt, Balch & Bingham, Montgomery, Ala., for Alabama Power Co.

H.A. Lloyd, Lloyd, Dinning, Boggs & Dinning, Demopolis, Ala., for Black Warrior Elec. Membership Corp.

Edward M. Price, Jr., Farmer, Price, Smith, Hornsby & Weatherford, Dothan, Ala., for Wiregrass Elec. Co-op, Inc.

Gaines, Gaines & Gaines, George C. Douglas, Jr., Talladega, Ala., for Coosa Valley Elec.

Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., for all Cooperatives.

Before JOHNSON and HATCHETT, Circuit Judges, and DYER, Senior Circuit Judge.

JOHNSON, Circuit Judge:

The plaintiffs, thirty municipal and public corporations and their boards ("the Cities"), appeal the district court's order dismissing with prejudice their antitrust complaint against twenty-two rural electric cooperatives ("the Cooperatives"), the Alabama Rural Electric Association of Cooperatives ("AREA") and Alabama Power Company ("APC").

I. STATEMENT OF THE CASE1

A. Background Facts

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