NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, Plaintiff-Appellee,
v.
NUCLEAR FUEL SERVICES, INC., and Getty Oil Company, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 20, 1981.
Decided December 8, 1981.
Attorney(s) appearing for the Case
Clarence T. Kipps, Jr., Washington, D. C. (Miller & Chevalier, Chartered, Alan C. Brown, Washington, D. C., Nixon, Hargrave, Devans & Doyle, William D. Eggers, Jr., Rochester, N. Y., of counsel), for defendant-appellant Nuclear Fuel Services, Inc.
William I. Schapiro, Buffalo, N. Y. (Jaeckle, Fleischmann & Mugel, Buffalo, N. Y., Henry W. Killeen, III, Buffalo, N. Y., of counsel), for defendant-appellant Getty Oil Co.
Philip H. Gitlen, Albany, N. Y. (Whiteman Osterman & Hanna, John J. Cangilos, Albany, N. Y., of counsel), for plaintiff-appellee New York State Energy Research and Development Authority.
Carmine J. Clemente, Gen. Counsel, Albany, N. Y. (Howard A. Jack, Deputy Gen. Counsel, Albany, N. Y., of counsel), for plaintiff-appellee New York State Energy Research and Development Authority.
Before LUMBARD and NEWMAN, Circuit Judges, and ZAMPANO, District Judge.
United States Court of Appeals, Second Circuit.
LUMBARD, Circuit Judge:
Since 1963, Nuclear Fuel Services, Inc. (NFS)1 has been the tenant of a 3,354 acre tract of land (the Center), owned by the New York State Energy Research and Development Authority (Authority), in West Valley, thirty miles south of Buffalo. On October 20, 1981, the Western District of New York granted partial summary judgment to the Authority, and ordered NFS forthwith to vacate 158.8 acres of the leased land to...
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