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COMBUSTION ENGINEERING, INC. v. MILLER HYDRO GROUP

Nos. 93-1266, 93-1267.

13 F.3d 437 (1993)

COMBUSTION ENGINEERING, INC., Plaintiff, Appellant, v. MILLER HYDRO GROUP, et al., Defendants, Appellees. COMBUSTION ENGINEERING, INC., Plaintiff, Appellee, v. MILLER HYDRO GROUP, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 30, 1993.

Attorney(s) appearing for the Case

John H. Montgomery with whom Gordon F. Grimes, David A. Soley, Diane S. Lukac, Faith K. Bruins and Bernstein, Shur, Sawyer & Nelson, Portland, ME, were on briefs for plaintiff.

George S. Isaacson with whom David W. Bertoni and Brann & Isaacson, Lewiston, ME, were on briefs for defendant Miller Hydro Group.

Roy S. McCandless with whom Robert S. Frank, Mark K. Googins and Verrill & Dana, Portland, ME, were on brief for party-in-interest appellee Kansallis-Osake-Pankki.

Before BOUDIN and STAHL, Circuit Judges, and FUSTE, District Judge.

BOUDIN, Circuit Judge.

This appeal arises out of a complex commercial dispute, with overtones of deception, relating to the construction of a hydroelectric facility in Maine. In the ensuing litigation, neither the builder, Combustion Engineering, Inc., nor the owner, Miller Hydro Group, succeeded in recovering against the other. Both appeal. We affirm the district court.

I. BACKGROUND

In the early 1980's, Miller Hydro set about creating a hydroelectric...

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