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IN RE PUBLIC SERVICE CO. OF NEW HAMPSHIRE

No. 89-1174.

884 F.2d 11 (1989)

In re PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Debtor. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Plaintiff, Appellee, v. NEW HAMPSHIRE ELECTRIC COOPERATIVE, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 24, 1989.

Attorney(s) appearing for the Case

Daniel C. Cohn, with whom Anne E. Colleton and Fine & Ambrogne, Boston, Mass., were on brief for defendant, appellant.

Don Willenburg, with whom Richard Levin and Stutman, Treister & Glatt, Los Angeles, Cal., were on brief for plaintiff, appellee.

Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

SELYA, Circuit Judge.

Faced with mushrooming costs attendant to construction of the Seabrook nuclear power plant, New Hampshire's largest electric utility, appellee Public Service Company of New Hampshire (PubServ), sought shelter under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101 et seq. PubServ filed its Chapter 11 petition on January 28, 1988. At that time, it was a party to a pair of contracts with appellant New Hampshire Electric Cooperative...

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