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CENTRAL HUDSON GAS v. BENJAMIN F. SHAW CO.

No. 78 Civ. 3015.

465 F.Supp. 331 (1978)

CENTRAL HUDSON GAS & ELECTRIC CORPORATION, Consolidated Edison Company of New York, Inc. and Niagara Mohawk Power Corporation, Plaintiffs, v. BENJAMIN F. SHAW COMPANY, Defendant.

United States District Court, S. D. New York.

December 20, 1978.

Attorney(s) appearing for the Case

Gould & Wilkie, by M. Wade Kimsey, New York City, for plaintiffs.

Max E. Greenberg, Trayman, Cantor, Reiss & Blaskey, by Louis Cantor and Todd L. Herbst, New York City, for defendant.

MEMORANDUM AND ORDER

OWEN, District Judge.

This is an action for a declaratory judgment pursuant to 28 U.S.C. § 2201, which defendant has moved to dismiss for failure to state a claim. The dispute arose out of a contract for the construction of an electric generating plant in Roseton, New York. Plaintiffs Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, and Niagara Mohawk Power Corporation, are the owners of the...

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