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ADVANCED REFRACTORY TECHS., INC. v. POWER AUTH. OF THE STATE OF NEW YORK

187 A.D.2d 1027 (1992)

Advanced Refractory Technologies, Inc., et al., Respondents, v. Power Authority of the State of New York, Appellant

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

November 18, 1992

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

We disagree with Supreme Court that the Niagara Redevelopment Act (16 USC §§ 836-836a) obligated the Power Authority of the State of New York to sell replacement power at the cost of producing that power and that section 1005 (5) of the Public Authorities Law prohibited the Power Authority from charging rates in excess of the Power Authority's cost of producing...

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