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FULTON COGENERATION v. NIAGARA MOHAWK POWER

No. 700, Docket 95-7540.

84 F.3d 91 (1996)

FULTON COGENERATION ASSOCIATES, Plaintiff-Appellee, v. NIAGARA MOHAWK POWER CORP., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 15, 1996.

Attorney(s) appearing for the Case

Robert A. Barrer, Syracuse, NY (Hiscock & Barclay, LLP; Brian K. Billinson, Niagara Mohawk Power Corporation, of counsel), for Defendant-Appellant.

Leonard H. Singer, Albany, NY (Couch, White, Brenner, Howard & Feigenbaum, of counsel), for Plaintiff-Appellee.

Before OAKES, KEARSE and WINTER, Circuit Judges.

OAKES, Senior Circuit Judge:

Niagara Mohawk Power Corporation ("Niagara") appeals from a summary judgment entered by the United States District Court for the Northern District of New York, Frederick J. Scullin, Jr., Judge, in favor of Fulton Cogeneration Associates ("Fulton") on its claim against Niagara for breach of contract. The district court held that Niagara was obligated under the contract to purchase all electricity generated by an electric generating...

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