KIMBERLY-CLARK CORP. v. POWER AUTH.


35 A.D.2d 330 (1970)

Kimberly-Clark Corporation, Appellant, v. Power Authority of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 3, 1970.


Attorney(s) appearing for the Case

Runals, Broderick, Shoemaker, Rickert, Runals & Berrigan (Clarence R. Runals of counsel), for appellant.

Raichle, Banning, Weiss & Halpern (Salem G. Mansour and Joseph J. Mansour of counsel), for respondents.

DEL VECCHIO, J. P., WITMER, MOULE and HENRY, JJ., concur.


BASTOW, J.

This action arose out of the construction in 1959 by defendant Power Authority of the State of New York (Authority) of the so-called Niagara Power Project. In the course thereof it was necessary to construct twin conduits to carry water from intake structures to be built upstream from the Falls of Niagara a distance of some 4½ miles to a generating plant to be constructed below the Falls. The...

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