NPS ENERGY SERVICES, INC. v. CONSUMERS ENERGY CO.

No. 99-72294.

111 F.Supp.2d 889 (2000)

NPS ENERGY SERVICES, INC., Plaintiff, v. CONSUMERS ENERGY CO., Defendant.

United States District Court, E.D. Michigan, Southern Division.

August 14, 2000.


Attorney(s) appearing for the Case

Margaret A. Lynch, Kell & Lynch, PC, Birmingham, MI (Kerry S. Sullivan, Edmund M. O'Toole, Sullivan & Heard LLP, New York City, of counsel), for Plaintiff.

Michael G. Wilson, James E. Brunner, Consumers Energy Co., Jackson, MI, for Defendant.


OPINION AND ORDER

FEIKENS, District Judge.

In 1996 Consumers Energy Co. (Consumers) entered into a non-exclusive General Services Agreement (GSA) for general maintenance work on its Michigan fossil fuel plants with NPS Energy Services, Inc. (NPS). Under the GSA, Consumers authorized each job through a separate purchase order. One such purchase order was for general maintenance work at Consumers' Karn plant during the Karn plant's scheduled shutdown...

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