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AIRCO ALLOYS v. NIAGARA CORP

76 A.D.2d 68 (1980)

Airco Alloys Division, Airco Inc., et al., Appellants, and Buffalo Color Corporation et al., Intervenors-Appellants, v. Niagara Mohawk Power Corporation et al., Respondents, and Carborundum Company, Intervenor-Appellant

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

July 10, 1980

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Victor T. Fuzak and Richard F. Campbell of counsel), for Airco Alloys Division and others, appellants and intervenors-appellants.

Jaeckle, Fleishmann & Mugel (John H. Stenger of counsel), for Niagara Mohawk Power Corp., respondent.

Thomas R. Frey (Howard L. Stevens, Karen A. Kimmel and Vito J. Cassan of counsel), for Power Authority of State of New York, respondent.

Carl E. Mooradian, Corporation Counsel (Bernard Sax of counsel), for City of Niagara Falls, intervenor-appellant.

Aular & Woodbury (Robert C. Woodbury of counsel), for Carborundum Company, intervenor-appellant.

CARDAMONE, J. P., SIMONS, CALLAHAN, and DOERR, JJ., concur.

MOULE, J.

The United States, pursuant to treaties with Canada, is permitted to divert portions of the flow of the Niagara River for the purpose of generating hydroelectric power. The Federal Power Commission (FPC) authorized the Niagara Mohawk Power Corporation (Niagara Mohawk) by license to utilize a portion of the river flow for power generation at certain generating...

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