Legal Opinion

Aquatherm Industries, Inc. v. Florida Power & Light Co.

Court of Appeals for the Eleventh Circuit

Decided July 8, 1998No. 97-2959PublishedCited by 30 opinions

1Opinion of the Court

LAY, Senior Circuit Judge:

Aquatherm Industries (“Aquatherm”) appeals the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6) of antitrust claims filed against Florida Power & Light (“FPL”). We affirm.

I

Aquatherm is a Delaware corporation that manufactures solar-powered heating systems for swimming pools. FPL is the exclusive provider of electric power in approximately two-thirds of the state of Florida. In 1988, through advertising and direct mailing to its customers, FPL promoted the use of electric pool-heating pumps (“PHPs”) as an economical way to heat residential…

2Cases cited17 opinions

  1. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  2. Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
  3. Monsanto Co. v. Spray-Rite Service Corp.Supreme Court of the United States · 1984
  4. Jefferson Parish Hospital District No. 2 v. HydeSupreme Court of the United States · 1984
  5. Nash v. United StatesSupreme Court of the United States · 1913

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3Cited by30 opinions

  1. Spanish Broadcasting System of Florida, Inc. v. Clear Channel Communications, Inc.Court of Appeals for the Eleventh Circuit · 2004
  2. Timothy T. Ryan, Jr. And Garrett Wainwright v. Mary Immaculate Queen CenterCourt of Appeals for the Seventh Circuit · 1999
  3. Intergraph Corporation v. Intel CorporationCourt of Appeals for the Federal Circuit · 1999
  4. Covad Communications Co. v. BellSouth Corp.Court of Appeals for the Eleventh Circuit · 2002
  5. Host International Inc v. MarketPlace PHL LLCCourt of Appeals for the Third Circuit · 2022

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