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TOWN OF NORWOOD v. NEW ENGLAND POWER CO.

Civil Action No. 97-10818-PBS.

23 F.Supp.2d 109 (1998)

TOWN OF NORWOOD, Massachusetts, Plaintiff, v. NEW ENGLAND POWER COMPANY, New England Electric System, Pacific Gas & Electric Company and PG & E Corporation, Defendants.

United States District Court, D. Massachusetts.

September 28, 1998.

Attorney(s) appearing for the Case

Alan K. Posner, Kenneth M. Barna, Rubin & Rudman, Boston, MA, Charles F. Wheatley, Jr., Wheatley & Ranquist, Annapolis, MD, for Town of Norwood.

David H. Erichsen, Harold Hestnes, Peter A. Spaeth, Vinita Chopra, Rebecca L. Fine, Hale & Dorr, Boston, MA, Edward Berlin, Swidler & Berlin, Washington, DC, for New England Power Co.

George B. Dean, Office of the Attorney General, Boston, MA, for Attorney General, MA.

Alan M. Shoer, Office of the Attorney General, Providence, RI, for the state of Rhode Island.

David H. Erichsen, Harold Hestnes, Peter A. Spaeth, Vinita Chopra, Hale & Orr, Boston, MA, for New England Electic Systems.

Steven W. Phillips, Richard M. Brunell, Foley, Hoag & Eliot, Boston, MA, for U.S. Generating Co., Pacific Gas & Electric Co.

MEMORANDUM AND ORDER ON MOTIONS TO DISMISS

SARIS, District Judge.

This action asserts antitrust and breach of contract claims arising from the comprehensive restructuring of the electric utility industry. The Town of Norwood, Massachusetts ("Norwood") distributes electricity to businesses and residences within its borders. Until recently, Norwood purchased all of its wholesale power requirements from defendant New England Power Company ("NEPCO") pursuant...

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