Docket Nos. 05-4985-cv(L), 05-5136-cv(XAP).

487 F.3d 89 (2007)

TRACTEBEL ENERGY MARKETING, INC., now known as Suez Energy Marketing NA, Inc. ("TEMI"), and Tractebel, S.A., now known as Suez-Tractebel S.A. ("TSA"), Plaintiffs-Counter-Defendants-Appellants Cross-Appellees, v. AEP POWER MARKETING, INC., American Electric Power Company, Inc. and Ohio Power Company, Defendants-Counterclaimants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: May 22, 2007.

Attorney(s) appearing for the Case

Michael Lesch, LeBoeuf, Lamb, Greene & MacRae LLP, New York, N.Y. (Theodore J. Fischkin, Randall M. Fox, Stephanie A. Wilkins, on brief), for Plaintiffs-Counter-Defendants-Appellants-Cross-Appellees.

Steven C. Bennett, Jones Day, New York, N.Y. (Bonnie L. Hemenway, Todd S. Swatsler, Robert W. Hamilton, Michael R. Gladman, on brief), for Defendants-Counterclaimants-Appellees-Cross-Appellants.

Before: SACK, SOTOMAYOR, WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

Tractebel Energy Marketing, Inc. ("TEMI") and AEP Power Marketing, Inc. ("AEP") filed opposing complaints in the District Court for the Southern District of New York, each alleging the other side breached a long-term energy contract entered into by the parties on November 15, 2000. TEMI appeals a January 21, 2005 order of the district court (Baer, J.) granting summary judgment for AEP on that count of TEMI's complaint asserting that the...

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