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INDECK ENERGY SERVICES v. CONSUMERS ENERGY

No. 99-1433.

250 F.3d 972 (2000)

INDECK ENERGY SERVICES, INC., an Illinois Corporation; Indeck Saginaw Limited Partnership, Plaintiffs-Appellants, v. CONSUMERS ENERGY COMPANY, a Michigan Corporation; CMS Energy Corporation, a Michigan Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 6, 2000.

Attorney(s) appearing for the Case

Mary Massaron Ross (argued and briefed), Plunkett & Cooney, Detroit, MI, Mark R. Brissette, Seward, Tally & Piggott, Bay City, MI, Laurence H. Tribe, Harvard Law School, Cambridge, MA, Michael D. Freeborn, David C. Gustman, William C. Holmes, Joseph L. Fogel, Todd J. Ohlms, Freeborn & Peters, Chicago, IL, Robert P. Cummins, Bickel & Brewer, Chicago, IL, Alan R. Waskin, Gerald F. DeNotto, Indeck Energy Services, Inc. Buffalo Grove, IL, for Appellants.

Eugene Driker (argued and briefed), Dennis M. Barnes (briefed), Barris, Sott, Denn & Driker, Detroit, MI, Michael G. Wilson (briefed), James E. Brunner (briefed), Consumers Power Co., Jackson, MI, Michael J. Sheridan (briefed), CMS Energy Corp., Dearborn, MI, for Appellees.

J. Peter Lark (briefed), Office of the Attorney General, Transportation Division, Lansing, MI, for Amicus Curiae.

Before: NELSON, BOGGS, and DAUGHTREY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

This appeal arises from an antitrust action against two public utility companies, Consumers Energy Company and its holding company, CMS Energy Corporation. Consumers Energy provides energy for a substantial portion of lower Michigan. The plaintiffs, Indeck Energy Services and Indeck-Saginaw (collectively, "Indeck"), operate "co-generation systems," which provide energy...

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