TOWN OF NORWOOD, MASS. v. NEW ENGLAND POWER CO.

No. 99-1047.

202 F.3d 408 (2000)

TOWN OF NORWOOD, MASSACHUSETTS, Plaintiff, Appellant, v. NEW ENGLAND POWER COMPANY, New England Electric System (NEES), Pacific Gas & Electric Company, and PG & E Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 2, 2000.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr. with whom Wheatley & Ranquist, Kenneth M. Barna, Alan K. Posner and Rubin & Rudman were on brief for plaintiff.

Edward Berlin with whom Robert V. Zener, Swidler Berlin Shereff Friedman, LLP, John F. Sherman, III, Associate General Counsel, The NEES Companies, David H. Erichsen, Peter A. Spaeth and Hale and Dorr LLP were on brief for appellees New England Power Company and New England Electric System (NEES).

Steven W. Phillips with whom Richard M. Brunell, Robert L. Bocchino, Jr. and Foley, Hoag & Eliot LLP were on brief for appellees Pacific Gas & Electric Company and PG & E Corporation.

Before BOUDIN, STAHL and LIPEZ, Circuit Judges.


BOUDIN, Circuit Judge.

The Town of Norwood, Massachusetts ("Norwood") filed a complaint against New England Power Company ("New England Power") and others alleging antitrust violations and breach of contract. The district court dismissed the complaint and Norwood now appeals. This decision assumes a familiarity with our decision today in Town of Norwood v. FERC, 202 F.3d 392 (1st Cir.2000), resolving petitions filed by Norwood...

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