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PRAXAIR, INC. v. FLORIDA POWER & LIGHT

No. 94-2165.

64 F.3d 609 (1995)

PRAXAIR, INC., Plaintiff-Appellee, Cross-Appellant, v. FLORIDA POWER & LIGHT CO.; Florida Power Corp., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 19, 1995.

Attorney(s) appearing for the Case

Benjamin H. Hill, III, Hill, Ward & Henderson, Tampa, FL, Daniel M. Gribbon, James R. Atwood, and Anna P. Engh, Covington & Burling, Washington, DC, for Florida Power & Light.

Nathan P. Eimer, William H. Baumgartner, Jr., Sidley & Austin, Chicago, IL, and James R. McGibbon, Sutherland, Asbill & Brennan, Washington, DC, for Praxair, Inc.

Sylvia H. Walbolt, Alan C. Sundberg, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, St. Petersburg, FL, and Albert H. Stephens, Asst. Gen. Counsel, Florida Power Corp., St. Petersburg, FL, for Florida Power Corp.

Martha Carter Brown, FPSC, Tallahassee, FL, amicus brief for Florida Public Service Commission.

Before COX, Circuit Judge, RONEY and WOOD, Senior Circuit Judges.

RONEY, Senior Circuit Judge:

Florida Power Corp. and Florida Power & Light Co. appeal the district court's denial of their motion for summary judgment in which the utilities asserted state action immunity from Praxair, Inc.'s claim of federal antitrust liability. Praxair cross-appeals the denial of its partial summary judgment motion. At issue is whether state action can be inferred from the manner in which the State conducts itself in relation to the parties...

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