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SCHUYLKILL ENERGY RESOURCES v. PP&L

No. 96-1447.

113 F.3d 405 (1997)

SCHUYLKILL ENERGY RESOURCES, INC., Appellant, v. PENNSYLVANIA POWER & LIGHT COMPANY.

United States Court of Appeals, Third Circuit.

Decided May 5, 1997.

Sur Petition for Rehearing June 2, 1997.

Attorney(s) appearing for the Case

Richard L. Caplan, Mary Huwaldt (argued), Michelle L. Davis, Caplan & Luber, Paoli, PA, for Appellant.

Glen R. Stuart (argued), David B. MacGregor, Morgan, Lewis & Bockius LLP, Square Philadelphia, PA, Stephen Paul Mahinka, Elizabeth A. Powell, Morgan, Lewis & Bockius LLP, Washington, D.C., of counsel: Jesse A. Dillon, Pennsylvania Power & Light Company, Allentown, PA, for Appellee.

Before: STAPLETON and MANSMANN, Circuit Judges, and RESTANI, Judge, Court of International Trade.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Schuylkill Energy Resources, Inc., ("SER") filed this antitrust action against Pennsylvania Power & Light Co. ("PP & L") for allegedly monopolizing and attempting to monopolize the provision of electric energy to retail consumers within PP & L's service area and to wholesale resellers affiliated with PP & L. SER contends that PP & L impermissibly curtailed purchases of SER-generated electric...

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