OKEELANTA POWER LTD. PARTNERSHIP v. FLORIDA POWER & LIGHT CO.

No. 4D98-3723.

766 So.2d 264 (2000)

OKEELANTA POWER LIMITED PARTNERSHIP, Osceola Power Limited Partnership, and Gator Generating Company, Limited Partnership, Appellants, v. FLORIDA POWER & LIGHT COMPANY, FPL Group, Inc., and FPL Group Capital, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

February 16, 2000.


Attorney(s) appearing for the Case

Daniel S. Pearson and Warwick R. Furr, II, of Holland & Knight LLP, Miami, for appellants.

Gary K. Harris and Cynthia M. Moore of Boies & Schiller LLP, Orlando, David Boies of Boies & Schiller LLP, Armonk, New York, and Louis M. Silber of Lewis, Vegosen, Rosenbach & Silber, P.A., West Palm Beach, for appellees.


POLEN, J.

In 1991, Florida Power and Light Co. (FPL Co.) entered into contracts with Okeelanta Power and Osceola Power (collectively "Okeelanta") to purchase electrical power. Following an alleged breach of the contracts by Okeelanta, FPL Co. filed suit seeking a declaration of its rights and obligations under the contracts. Okeelanta counterclaimed against FPL Co. In Count IV of their counterclaim, which alleged an antitrust violation, they named Florida Power and...

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