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POTOMAC ELEC. POWER CO. v. PANDA BRANDYWINE, L.P.

Civil No. S 00-1103.

99 F.Supp.2d 681 (2000)

POTOMAC ELECTRIC POWER COMPANY v. PANDA BRANDYWINE, L.P.

United States District Court, D. Maryland.

June 14, 2000.

Attorney(s) appearing for the Case

Mark H. Kolman, Dickstein Shapiro Morin & Oshinsky, LLP, Washington, DC, for Potomac Electric Power Company, plaintiffs.

John Tormey, Chadbourne & Parke LLP, Washington, DC, David C. Mancini, Venable, Baetjer and Howard, LLP, McLean, VA, Brian A. Miller, Robert A. Schwinger, Law Office, New York City, for Panda Brandywine, L.P., defendant.

Susan Stevens Miller, Assistant People's Counsel, Baltimore, MD, Brock C. Hutton, Maryland Public Service Commission, Baltimore, MD, Valerie Lavet Dennis Green, Public Service Commission of Maryland, Baltimore, MD, for Public Service Commission of Maryland, intervenor-plaintiff.

MEMORANDUM OPINION

SMALKIN, District Judge.

Claiming in its first amended complaint that it is invoking both the federal question and the diversity jurisdiction of this Court to seek a declaratory judgment and money damages, the plaintiff, which is a major electric generating and distribution utility, asks relief against the defendant, which is a cogeneration facility certified under the Public Utility Regulatory Policies Act of 1978 (PURPA). The...

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