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CAROLINA POWER AND LIGHT v. DYNEGY MARKETING

Nos. 04-1604, 04-2197.

415 F.3d 354 (2005)

CAROLINA POWER AND LIGHT COMPANY, Plaintiff-Appellant, v. DYNEGY MARKETING AND TRADE, Defendant-Appellee. Carolina Power and Light Company, Plaintiff-Appellant, v. Dynegy Marketing and Trade, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 20, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert Allen Long, Jr., Covington & Burling, Washington, D.C., for Appellant. Randall Maitland Roden, Tharrington, Smith, L.L.P., Raleigh, North Carolina, for Appellee. ON BRIEF: Mark A. Ash, J. Mitchell Armbruster, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, North Carolina; Emily J. Henn, Covington & Burling, Washington, D.C., for Appellant. Daniel W. Clark, Kristopher B. Gardner, Tharrington, Smith, L.L.P., Raleigh, North Carolina, for Appellee.

Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.

Dismissed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINSON joined. Judge WILKINSON wrote a separate concurring opinion. Judge WIDENER wrote a separate opinion concurring in the judgment and dissenting.

OPINION

NIEMEYER, Circuit Judge.

We consider here the scope of the general rule that an unresolved claim for attorneys fees does not prevent a judgment on the underlying claims from being a final decision...

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