MUNICIPAL UTIL. BD. OF ALBERTVILLE v. ALABAMA POWER CO.

No. 92-6268.

21 F.3d 384 (1994)

MUNICIPAL UTILITIES BOARD OF ALBERTVILLE; The City of Alexander City; The City of Andalusia; The City of Bessemer; 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 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, 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 Cooperative; Coosa Valley Electric Cooperative; South Alabama Electric Cooperative, Inc.; Black Warrior Electric Membership Corporation and Arab Electric Cooperative, Inc.; Alabama Electric Cooperative, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 23, 1994.


Attorney(s) appearing for the Case

Robert D. Thorington, Wendell Cauley, Thorington & Gregory, Montgomery, AL, for appellants.

Robert A. Jablon, Spiegel & McDiarmid, Washington, DC, for Municipal Utilities, et al.

Charles M. Crook, Balch & Bingham, Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, Montgomery, AL, for Alabama Power Co.

H.A. Lloyd, Lloyd, Dinning, Boggs & Dinning, Demopolis, AL, John Frederick Mandt, David L. Denson, Balch & Bingham, Birmingham, AL, for Black Warrior Elect. Membership.

Before TJOFLAT, Chief Judge, KRAVITCH Circuit Judge, and RONEY, Senior Circuit Judge.


PER CURIAM:

I.

This is an antitrust action brought by thirty Alabama municipalities (the "Cities") against the Alabama Power Company and twenty-two rural electric cooperatives,1 all of whom are suppliers of electricity in the retail electric market. The Cities claim that two Alabama statutes, 1984 Ala. Acts 206 (the "1984 Act"), codified as Ala.Code §§ 37-14-1 to -17 (Michie 1992), and 1985 Ala. Acts 645 (the "1985...

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