City of Cleveland v. The Cleveland Electric Illuminating Company

BOYCE F. MARTIN, Jr., Circuit Judge,

dissenting.

This is a complicated case with a complicated past. It presents a number of difficult antitrust issues in a unique setting. Moreover, it has already been before a jury twice, and a reversal by this Court would require yet another trial. For these reasons, I can sympathize with the majority’s desire to uphold the trial judge’s rulings and dispose of the case once and for all. Nonetheless, where, as here, the trial judge has committed clear error, I believe this Court has an obligation to reverse and remand no matter what the consequences.…