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ALLEGHENY ENERGY, INC. v. DQE, INC.

No. 98-3586.

171 F.3d 153 (1999)

ALLEGHENY ENERGY, INC., Appellant. v. DQE, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided March 11, 1999.

Attorney(s) appearing for the Case

D. Stuart Meiklejohn, John L. Hardiman (argued), Fraser L. Hunter, Jr., Timothy E. DiDomenico, Sullivan and Cromwell, New York, New York, William M. Wycoff, David E. White, Thorp, Reed & Armstrong, Pittsburgh, PA, for Appellant.

Douglas M. Kraus (argued), Seth M. Schwartz, Skadden, Arps, Slate, Meagher & Flom, New York, New York, Jennifer Wilson Hewitt, Doepken, Keevican & Weiss, Pittsburgh, PA, for Appellee.

Before: GREENBERG and RENDELL, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

This is a diversity case in which an interlocutory appeal has been taken from the denial of a preliminary injunction. The appeal presents a question of Pennsylvania law. The question is whether, on the particular facts of this case, the loss by one publicly traded corporation of a contractual opportunity to acquire another publicly traded corporation through a corporate merger constitutes irreparable harm. In...

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