MASSACHUSETTS MUN. WHOLESALE ELEC. v. STATE

No. 92-440.

639 A.2d 995 (1994)

MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC CO. v. STATE of Vermont, et al.

Supreme Court of Vermont.

February 4, 1994.


Attorney(s) appearing for the Case

Stephen S. Ankuda of Parker & Ankuda, P.C., Springfield, and Nicholas J. Scobbo, Jr. and Gerald J. Caruso of Ferriter, Scobbo, Sikora, Singal, Caruso and Rodophele, P.C., Boston, MS, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., and William Griffin, Chief Asst. Atty. Gen., Montpelier, for defendant-appellee State of VT.

Peter H. Zamore of Sheehey Brue Gray & Furlong, P.C., Burlington, and Christopher L. Dutton, South Burlington, for defendant-appellee Green Mountain Power Corp.

Edward B. French of Stackpole & French Law Offices, Stowe, for defendant-appellee Village of Stowe.

Edward V. Schwiebert and Laura E. Johnson of Abell, Kenlan, Schwiebert & Hall, P.C., for defendants-appellees Villages of Ludlow, Hardwick, Morrisville and Swanton.

Before ALLEN, C.J., and GIBSON and MORSE, JJ., and DAVENPORT, Superior Judge, and ELLISON, District Judge (Ret.), Specially Assigned.


GIBSON, Justice.

Plaintiff Massachusetts Municipal Wholesale Electric Company (MMWEC) appeals from a summary judgment order declaring valid its Stony Brook Power Project contracts with defendant Vermont utilities. MMWEC contends that the contracts are void ab initio under Vermont Department of Public Service v. Massachusetts Municipal Wholesale Electric Co., 151 Vt. 73, 558 A.2d 215 (1988) (MMWEC I), which declared contracts...

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