Judgment unanimously affirmed, with costs.
Memorandum:
In affirming the judgment we do not adopt the reasoning of the court below in toto. We hold only that there was in the agreement executed by the parties on May 16, 1962 an implied promise by defendant that, in pressing claims against the Power Authority arising out of the transmission line contracts, it would prosecute and protect the interests of plaintiffs as well as its own. Relying upon such...
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