758 F.2d 1148 (7th Cir. 1985), 84-1990, Ray v. Indiana & Michigan Elec. Co.

Docket Nº:84-1990.
Citation:758 F.2d 1148
Party Name:John F. RAY, Sr., et al., Plaintiffs-Appellants, v. INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation, Defendant-Appellee.
Case Date:February 19, 1985
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

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758 F.2d 1148 (7th Cir. 1985)

John F. RAY, Sr., et al., Plaintiffs-Appellants,




No. 84-1990.

United States Court of Appeals, Seventh Circuit

February 19, 1985

Argued Jan. 9, 1985.


Opinion April 3, 1985.

Carl D. Overman, Dutton, Kappes & Overman, Douglas B. McFadden, Indianapolis, Ind., for plaintiffs-appellants.

Thomas W. Yoder, Livingston, Dildine, Haynie & Yoder, Fort Wayne, Ind., for defendant-appellee.

Before BAUER, COFFEY and FLAUM, Circuit Judges.


Plaintiffs, residential purchasers of electric power in the Fort Wayne, Indiana area, brought suit against the defendant, Indiana & Michigan Electric Company (I&M), alleging that I&M's acquisition of the City of

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Fort Wayne's municipal utility (City Light) and subsequent actions by I&M violated the Sherman Anti-Trust Act, 15 U.S.C. Sec. 1 et seq. (1975). After a bench trial, the district court entered judgment for the defendant, and plaintiffs now appeal that judgment. We affirm.

The lengthy facts in this case are cogently and thoroughly addressed by the trial judge, whose findings we adopt. See Mem.Op., May 11, 1984. --- F.Supp. ----. We will only briefly summarize them here for the purposes of this appeal. City Light, owned and operated by the City of Fort Wayne, began supplying electricity to the city and its surrounding area in 1909. In 1948, I&M became a competing supplier of electricity in the Fort Wayne area through its purchase of an existing utility. In 1953, City Light began purchasing wholesale electric power from I&M pursuant to a series of requirement contracts. The amount of wholesale electric power which City Light purchased from I&M through these contracts steadily increased as the city and the demand for electricity grew and City Light's physical plant remained at its original size. By 1974, City Light generated only 11% of its requirements, purchasing the balance wholesale from I&M.

In the mid-1960's, the city commissioned studies to determine the feasibility of expanding and modernizing City Light. One study favored and another opposed expansion. I&M opposed expansion of City Light and offered to increase the amount of wholesale electric power available to City Light at a rate as low as any available to I&M's other municipal or large...

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