Borough of Ellwood City v. Pennsylvania Power Co.

MEMORANDUM

McCUNE, District Judge.

We consider Pennsylvania Power Company’s second motion for summary judgment and plaintiff’s motion for leave to amend the complaint. We previously considered defendant’s motion to dismiss, which was treated, in part, as one for summary judgment pursuant to Fed.R.Civ.P. 12(b)(6), in Borough of Ellwood City v. Pennsylvania Power Company, 462 F.Supp. 1343 (W.D.Pa. 1979). We incorporate by reference our prior opinion in this matter. For the reasons stated below, defendant’s present motion will be granted in part and denied in part, and plaintiff’s motion to amend…