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MERRILL LYNCH & CO. INC. v. ALLEGHENY ENERGY, INC.

Docket No. 05-5129-cv.

500 F.3d 171 (2007)

MERRILL LYNCH & CO. INC., Merrill Lynch & Capital Services, Inc., ML IBK Positions, Inc., Plaintiffs-Counter-Defendants-Appellees, v. ALLEGHENY ENERGY, INC., Allegheny Energy Supply Company, LLC, Defendants-Counterclaimant-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 31, 2007.

Attorney(s) appearing for the Case

Kathleen M. Sullivan, Redwood Shores, CA (Daniel H. Bromberg, Daniel A. Zaheer, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Redwood Shores, CA; Peter E. Calamari, Sanford I. Weisburst, William B. Adams, Quinn Emanuel Urquhart Oliver & Hedges, LLP, New York, NY, of counsel), for Defendants-Counterclaimants-Appellants.

Stuart J. Baskin, New York, N.Y. (Jeremy G. Epstein, John Gueli, Shearman & Sterling LLP, New York, NY, of counsel), for Plaintiffs-Counter-Defendants-Appellees.

Before: CARDAMONE, WALKER, and RAGGI, Circuit Judges.

CARDAMONE, Circuit Judge:

Allegheny Energy, Inc. (Allegheny, defendant or appellant) and its wholly-owned subsidiary Allegheny Energy Supply Company, LLC (Supply) appeal from a judgment of the United States District Court for the Southern District of New York (Baer, J.) entered August 26, 2005 awarding Merrill Lynch & Co. Inc., Merrill Lynch & Capital Services, Inc., and ML IBK Positions, Inc. (collectively Merrill Lynch or plaintiff) $158 million on its contract...

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