Legal Opinion
TEC Cogeneration Inc. v. Florida Power & Light Co.
Court of Appeals for the Eleventh Circuit
Decided March 8, 1996No. 94-4323, 94-4496PublishedCited by 8 opinions
1Opinion of the Court
HILL, Senior Circuit Judge:
This is an appeal from the denial of a motion for summary judgment by the district court. 1 Two questions are presented: first, whether a public utility is immune from antitrust liability under the state-action doctrine of Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943), for its allegedly anti-competitive conduct concerning a co- generator 2 in the areas of wheeling, 3 rates, and interconnection; and second, whether lobbying of a county legislative body by the utility is protected from antitrust liability under the Noerr/Pennington doctrine. Eastern…
2Cases cited23 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
- Parker v. BrownSupreme Court of the United States · 1943
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
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3Cited by8 opinions
- Acoustic Systems, Inc. v. Wenger Corp.Court of Appeals for the Fifth Circuit · 2000
- Bristol-Myers Squibb Co. v. Ivax Corp.District Court, D. New Jersey · 2000
- Lynn v. Amoco Oil Co.District Court, M.D. Alabama · 2006
- Jordan v. AVCO Financial Services of Georgia, Inc.Court of Appeals for the Eleventh Circuit · 1997
- 1997-2 Trade Cases P 71,883, 11 Fla. L. Weekly Fed. C 219 Elaine M. Jordan Theresa Sheldon Marilyn Evone Mulrain Denise Bryant Byllye J. Comer, Plaintiffs-Counter-Defendants v. Avco Financial Services of Georgia, Inc., Pioneer Credit Company, a Tennessee Corporation, Counter-Claimants, American Bankers Insurance Company of Florida Voyager Guaranty Insurance Company, a Florida Corporation Voyager Indemnity Insurance Company, a Georgia Corporation Voyager Life and Health Insurance Company, a Georgia Corporation Voyager Property and Casualty Insurance Company, a South Carolina CorporationCourt of Appeals for the Eleventh Circuit · 1997
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