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

No. 93-1098.

22 F.3d 1260 (1994)

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; Withlock & 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.; Freyman's Fuel Oil Company, Inc. v. PENNSYLVANIA POWER & LIGHT COMPANY. LOSCH BOILER SALES AND SERVICE CO., Individually and on Behalf of All Persons Similarly Situated v. PENNSYLVANIA POWER & LIGHT CO., 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; Schwanger Brothers and 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.; and Losch Boiler Sales & Service Co., individually and on behalf of all persons similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

Decided April 26, 1994.

Sur Petition for Rehearing June 6, 1994.

Attorney(s) appearing for the Case

David L. Pennington, Catherine P. Cox, Harvey, Pennington, Herting & Renneisen, Philadelphia, PA, for appellants.

Wayne M. Thomas (argued), Kohn, Nast & Graf, Philadelphia, PA, for appellant, Losch Boiler Sales & Service Co.

Christopher C. Fennell, Jeffrey H. Howard (argued), Crowell & Moring, Washington, DC, for appellee.

Thomas L. Welch, Office of Atty. Gen., Harrisburg, PA, for amicus-appellant, Com. of Pennsylvania.

Before: MANSMANN, GREENBERG and LEWIS, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

This appeal involves two related cases that were consolidated for summary judgment disposition in the district court. In the first case, Yeager's Fuel, Inc. v. Pennsylvania Power & Light Co., 21 oil dealers and persons who supply related heating equipment sued Pennsylvania Power & Light Co. ("PP & L") alleging violations of sections 1 and 2 of the Sherman...

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