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WALLACE INDUS., INC. v. SALT CITY ENERGY VENTURE

233 A.D.2d 543 (1996)

649 N.Y.S.2d 531

Wallace Industries, Inc., Appellant, v. Salt City Energy Venture, L. P., Respondent

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

November 7, 1996

Peters, J.

Pursuant to a contract entered on February 26, 1991, plaintiff1 agreed to transport and dispose of ash produced at a cogeneration facility owned by defendant. Pursuant thereto, defendant agreed to weigh and load its ash onto railcars provided by plaintiff and pay a fixed rate per ton for all ash removed.2 The contract had an initial term of...

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