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CITY OF PITTSBURGH v. WEST PENN POWER COMP.

No. 98-3014.

147 F.3d 256 (1998)

CITY OF PITTSBURGH, Appellant, v. WEST PENN POWER COMP., d/b/a Allegheny Power; Allegheny Power System, Incorporated; Duquesne Light Company; Dqe, Inc.

United States Court of Appeals, Third Circuit.

Decided June 12, 1998.

Attorney(s) appearing for the Case

Wendelynne J. Newton, Thomas L. Van Kirk (argued) Sheila S. Dinardo, David J. Porter, Pittsburgh, PA, for City of Pittsburgh.

David L. McClenahan, James E. Scheuermann, (argued) Wendy E.D. Smith, Kirkpatrick & Lockhart, Pittsburgh, PA, William J. Murphy, Murphy & Schaffer, Baltimore, MD, for West Penn Power Company d/b/a Allegheny Power and Allegheny Power Systems.

Thomas L. Allen, Donna Maus, Reed Smith Shaw & McClay, Pittsburgh, PA, for Duquesne Light Company and DQE, Inc.

Before: BECKER, Chief Judge, RENDELL and HEANEY, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Appellant, the City of Pittsburgh, filed this antitrust action against West Penn Power Company, d/b/a Allegheny Power, and Duquesne Light Company alleging that the two companies entered into a pre-merger agreement in restraint of trade and that their proposed merger would substantially lessen competition or tend to create a monopoly. The City claims that an agreement between Allegheny Power and Duquesne Light...

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