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PHILADELPHIA CORPORATION v. NIAGARA MOHAWK POWER CORPORATION

282 A.D.2d 913 (2001)

723 N.Y.S.2d 549

PHILADELPHIA CORPORATION et al., Plaintiffs, and VICTORY MILLS HYDRO COMPANY, INC., Respondent, v. NIAGARA MOHAWK POWER CORPORATION, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 19, 2001.

Cardona, P. J.

The facts of this case are set forth in our previous decision (207 A.D.2d 176) and are stated herein as relevant to this appeal. Plaintiff Victory Mills Hydro Company, Inc. (hereinafter plaintiff) is the owner of a hydroelectric generating facility. Defendant, a public utility, is required by contract to buy plaintiff's entire output of electricity in accordance with the requirements of the Federal Public Utility...

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