CONSOLIDATED EDISON, INC. v. NORTHEAST UTILITIES

Docket Nos. 04-5393(L)-CV, 04-5394(XAP)-CV.

426 F.3d 524 (2005)

CONSOLIDATED EDISON, INC., Plaintiff-Counterclaim Defendant-Appellee-Cross-Appellant, v. NORTHEAST UTILITIES, Defendant-Counterclaim Plaintiff-Crossclaim Plaintiff-Appellant-Cross-Appellee, and Robert Rimkoski, individually and on behalf of all others similarly situated, Intervenor Defendant-Counterclaim Plaintiff-Crossclaim Defendant-Appellee-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 12, 2005.


Attorney(s) appearing for the Case

Stuart J. Baskin, Shearman & Sterling LLP, New York, N.Y. (Kenneth M. Kramer and John Gueli, on the brief) for Consolidated Edison, Inc.

Douglas M. Kraus, Skadden, Arps, Slate, Meagher & Flom LLP, New York, N.Y. (Joseph N. Sacca and Preeta D. Bansal, on the brief) for Northeast Utilities.

Lawrence A. Sucharow, Goodkind Labaton Rudoff & Sucharow LLP, New York, N.Y. (Ira A. Schochet, Lisa Buckser-Schulz, and Barry Michael Okun, on the brief) for Robert Rimkoski.

Before: JACOBS, LEVAL, and SACK, Circuit Judges.


JACOBS, Circuit Judge.

On interlocutory appeal from two orders of the United States District Court for the Southern District of New York (Koeltl, J.), we are asked to resolve the following questions: [i] whether shareholders of Northeast Utilities ("NU") were granted a right as third-party beneficiaries to sue Consolidated Edison, Inc. ("CEI") for losses of over $1 billion that they allege resulted from CEI's breach of a contractual undertaking to merge with...

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