IN RE O'BRIEN ENVIRONMENTAL ENERGY, INC.

No. 98-6151.

181 F.3d 527 (1999)

In re O'BRIEN ENVIRONMENTAL ENERGY, INC., Debtor. Calpine Corporation, Appellant, v. O'Brien Environmental Energy, Inc., now known as NRG Generating (U.S.), Inc.

United States Court of Appeals, Third Circuit.

Filed July 19, 1999.


Attorney(s) appearing for the Case

Michael R. Griffinger (Argued), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J., James A. Scarpone, Hellring, Lindeman, Goldstein & Siegal, Newark, N.J., Attorneys for Appellant.

Craig J. Donaldson, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, N.J., Jeff J. Friedman (Argued), Rosenman & Colin, New York City, Mitchell A. Karlan (Argued), Gibson, Dunn & Crutcher, New York City, Attorneys for Appellees.

Before: SLOVITER, ALITO and ALARCON, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Calpine Corporation appeals from the order of the District Court affirming the Bankruptcy Court's decision not to award it a break-up fee or expenses in connection with its unsuccessful bid to acquire O'Brien Environmental Energy, Inc. ("O'Brien"), the Debtor in a Chapter 11 bankruptcy proceeding. The term "break-up fee" refers to a fee paid by a seller to a prospective purchaser in the event that a contemplated...

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