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AQUATHERM INDUSTRIES v. FLORIDA POWER & LIGHT

No. 97-2959.

145 F.3d 1258 (1998)

AQUATHERM INDUSTRIES, INC., Plaintiff-Appellant, v. FLORIDA POWER & LIGHT COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 8, 1998.

Attorney(s) appearing for the Case

Blaine H. Winship, Karin M. Byrne, Miami, FL, for Plaintiff-Appellant.

Elizabeth J. DuFresne, Miami, FL, for Defendant-Appellee.

Before HATCHETT, Chief Judge, and RONEY and LAY, Senior Circuit Judges.

LAY, Senior Circuit Judge:

Aquatherm Industries ("Aquatherm") appeals the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) of antitrust claims filed against Florida Power & Light ("FPL"). We affirm.

I.

Aquatherm is a Delaware corporation that manufactures solar-powered heating systems for swimming pools. FPL is the exclusive provider of electric power in approximately two-thirds of the state of Florida. In 1988, through...

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