YEAGER'S FUEL, INC. v. PENNSYLVANIA POWER & LIGHT CO.

Civ. A. Nos. 91-5176, 92-2359.

804 F.Supp. 700 (1992)

YEAGER'S FUEL, INC.; Atlantic Oil and Heating Company; Mansfeld Fuel Oil Company; Deiter Brothers Fuel Company, Inc.; Ralph D. Weaver, Inc.; C.A. Lessig, Inc.; Harned Durham Oil Company, Inc.; Schwanger Brothers & Company, Inc.; Sico Company; Whitlock & Woerth, Inc.; Zongora Fuel, Inc.; Senick, Inc.; Carlos R. Leffler, Inc.; H. John Davis, Inc.; Arthur J. Ulrich, Inc.; Union Fuel Company; Guy Heavener, Inc.; Desousa Oil and Service Corp.; W.C. Reichenbach & Sons, Inc.; Apgar Oil Company, Inc.; and Freyman's Fuel Oil Company, Inc. v. PENNSYLVANIA POWER & LIGHT COMPANY. LOSCH BOILER SALES & SERVICE, CO., Individually and on behalf of All Persons Similarly Situated v. PENNSYLVANIA POWER & LIGHT COMPANY.

United States District Court, E.D. Pennsylvania.

As Amended October 5, 1992.


Attorney(s) appearing for the Case

David L. Pennington, Catherine Panchou Cox, Brian P. Kirby, Robert Thomas Connor, Harvey, Pennington, Herting & Renneisen, Ltd., Philadelphia, Pa., for plaintiffs in No. 91-CV-5176.

Harold E. Kohn, Wayne M. Thomas, Kohn, Savett, Klein & Graf, P.C., Philadelphia, Pa., for movants in No. 91-CV-5176.

Wayne M. Thomas, Kohn, Savett, Klein & Graf, P.C., Philadelphia, Pa., for plaintiff in No. 92-CV-2359.

Jeffrey H. Howard, Christopher C. Fennell, Crowell & Moring, Washington, D.C., for defendant in Nos. 91-CV-5176, 92-CV-2359.


OPINION

PADOVA, District Judge.

This consolidated action concerns a dispute over who will supply the heat to Pennsylvania homeowners when they reach for their thermostats—fuel oil dealers or an electric utility. Plaintiffs, fuel oil dealers and related heating equipment suppliers, claim that defendant, an electric utility, has been increasing its share of the home heating market within its service area...

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