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WIGELL v. NAPPI

No. 6:06-CV-1009.

485 F.Supp.2d 142 (2007)

Kevin WIGELL, Plaintiff, v. Samuel G. NAPPI; Alliance Energy Group, LLC; Alliance Energy New York, LLC; Alliance Energy Marketing, LLC; and Sithe Energies, Inc., Defendants.

United States District Court, N.D. New York.

May 3, 2007.

Attorney(s) appearing for the Case

Hancock & Estabrook, LLP, John T. McCann, Esq., Tyler Brass, Esq., of Counsel, Syracuse, NY, for Plaintiff.

Hiscock & Barclay, LLP (Christopher J. Harrigan, Esq., of Counsel), Syracuse, NY, Troutman Sanders LLP (Stephen G. Rinehart, Esq., of Counsel), New York City, for Defendants Samuel G. Nappi, Alliance Energy Group, LLC, Alliance Energy New York, LLC, and Alliance Energy Marketing, LLC.

Menter, Rudin & Trivelpiece, PC (Julian B. Modesti, Esq., of Counsel), Syracuse, NY, for Defendant Sithe Energies, Inc.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Kevin Wigell ("plaintiff' or "Wigell") brings this action against Alliance Energy Group, LLC, and its wholly-owned subsidiaries Alliance Energy New York, LLC and Alliance Energy Marketing, LLC (collectively "Alliance"), Samuel Nappi ("Nappi"), and Sithe Energies, Inc. ("Sithe"). Plaintiff alleges common law breach of contract (first, second...

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