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TILCON MINERALS, INC. v. ORANGE & ROCKLAND UTIL.

Nos. 93 Civ 6132 (VLB), 93 Civ 7026 (VLB).

869 F.Supp. 237 (1994)

TILCON MINERALS, INC., Plaintiff, v. ORANGE AND ROCKLAND UTILITIES, INC., Defendant. ORANGE AND ROCKLAND UTILITIES, INC., Plaintiff, v. TILCON MINERALS, INC., Defendant.

United States District Court, S.D. New York.

December 6, 1994.

Attorney(s) appearing for the Case

Richard J. O'Keeffe, O'Keeffe, Kline & Lindgren, White Plains, NY, for Tilcon.

Alan Warshauer, Wormser, Kiely Galef & Jacobs, New York City, for Orange.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This dispute arises from unexpected consequences of an agreement (the "agreement") between Tilcon Minerals, Inc. ("Tilcon") and Orange and Rockland Utilities, Inc., entered into on December 9, 1985 (the "1985 agreement") under which Orange purchased from Tilcon more than 200 acres in Stony Brook, New York. The agreement required that Orange pay the cost of relocating a rock crushing plant...

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