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INDECK NORTH AMERICAN POWER FUND, L.P. v. NORWEB PLC

No. 1-99-1809.

735 N.E.2d 649 (2000)

316 Ill. App.3d 416

249 Ill.Dec. 45

INDECK NORTH AMERICAN POWER FUND, L.P., Indeck Auburndale, L.L.C., and Indeck, Gordonsville, L.L.C., Plaintiffs-Appellants, v. NORWEB plc, Norweb Power Services (No 1) Limited, Northern Hydro Limited, Calpine Auburndale, Inc., and Calpine Gordonsville, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied September 22, 2000.

Attorney(s) appearing for the Case

Hedlund, Hanley & John, Chicago (Reuben Hedlund, Dean Trafelet and Steven Roeder, of counsel), for Appellants.

Gardner, Carton & Douglas, Chicago (Terry Hacket and Patrick Hughes, of counsel); and Bryan Cave LLP, New York City (Michael Biggers, Robert Dwyer and Beth Green, of counsel), for Appellees (Norweb).

Baker & McKenzie, Chicago (William Lynch Schaller, Michael Pollard and John Murphy, of counsel), for Appellees (Calpine).

Justice HARTMAN delivered the opinion of the court:

This case involves two purchase and sale agreements and pre-existing partnership agreements through which various partnerships, which owned and operated electric generating power plants, intended to convey their interests to other partnerships wishing to purchase them. Pre-existing partnership rights (i.e., first refusal, denial of permission to sell, and designated other purchaser), owned by another entity...

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