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BESICORP GROUP, INC. v. THERMO ELECTRON CORP.

No. 90-CV-434.

981 F.Supp. 86 (1997)

BESICORP GROUP, INCORPORATED and Bio-Energy Services, Corporation, Plaintiffs, v. THERMO ELECTRON CORPORATION and Tecogen Incorporated, Defendants and Counter-claimants.

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

October 10, 1997.

Attorney(s) appearing for the Case

Brown, Kelleher, Zwickel & Wilhelm, Charles J. Brown, Carol D. Stevens, Windham, New York, for Plaintiffs.

Couch, White, Brenner, Howard & Feigenbaum, Paul A. Feigenbaum, Doreen M. Unis, Albany, New York, for Defendants.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

Plaintiffs allege breach of contract and warranty arising out of a contract for the sale of a turnkey energy system that was designed, manufactured and installed by defendants. In their amended complaint, plaintiffs seek judgment against defendants "[j]ointly and severally for an amount yet to be determined in excess of FIFTY THOUSAND ($50,000) DOLLARS, ... for attorney's fees and for costs...

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