GMAC COMMERCIAL CORP. v. NIAGARA MOHAWK POWER CORP.

No. 521, Docket 90-7502.

918 F.2d 19 (1990)

GMAC COMMERCIAL CORPORATION, Household Finance Corporation, ITT Commercial Finance Corporation, McDonnell Douglas Finance Corporation, and Westinghouse Credit Corporation, Plaintiffs-Appellees, v. NIAGARA MOHAWK POWER CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 1, 1990.


Attorney(s) appearing for the Case

David M. Lindley, New York City (Sutton Keany, Maurice W. Heller, Maria M. Homan, Winthrop, Stimson, Putnam & Roberts, of counsel), for defendant-appellant.

James W.B. Benkard, New York City (James L. Kerr, Ronan P. Harty, Richard B. Zabel, Davis Polk & Wardwell, of counsel), for plaintiffs-appellees.

Before OAKES, Chief Judge, PIERCE and WINTER, Circuit Judges.


PER CURIAM.

Defendant-appellant Niagara Mohawk Power Corporation ("NMPC") is a public utility corporation that raises capital in part through the issuance of preferred shares of stock. In 1980 and 1981, pursuant to two preferred stock purchase agreements (the "Agreements"), NMPC issued two series of preferred stock to a group of institutional investors (the "Shareholders"), plaintiffs-appellees in this action. As owners of the preferred stock, Shareholders received...

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