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TEC COGENERATION INC. v. FLORIDA POWER & LIGHT CO.

Nos. 94-4323, 94-4496.

76 F.3d 1560 (1996)

TEC COGENERATION INC., RRD Corporation, as they are partners in South Florida Cogeneration Associates, Thermo Electron Corporation, Rolls-Royce, Inc., Plaintiffs-Appellees, v. FLORIDA POWER & LIGHT COMPANY, FPL Group, Inc., FPL Energy Services, Inc., Defendants-Appellants, Wayne H. Brunetti, Larry T. Atkinson, Joe C. Collier, Jr., Clark Cook, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

March 8, 1996.

Attorney(s) appearing for the Case

James R. Atwood, Washington, DC, Daniel M. Gribbon, Steven J. Rosenbaum, Washington, DC, for appellants.

David H. Erichsen, Boston, MA, Charles J. Gray, Peter A. Spaeth, Boston, MA, for appellees.

Before EDMONDSON, Circuit Judge, HILL, Senior Circuit Judge, and MILLS, District Judge.

HILL, Senior Circuit Judge:

This is an appeal from the denial of a motion for summary judgment by the district court.1 Two questions are presented: first, whether a public utility is immune from antitrust liability under the state-action doctrine of Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943), for its allegedly anti-competitive conduct concerning a cogenerator

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