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ALGONQUIN POWER INCOME FUND v. CHRISTINE FALLS

No. 6:07-CV-1258.

466 B.R. 175 (2011)

ALGONQUIN POWER INCOME FUND; Algonquin Power Corporation, Inc.; Algonquin Power U.S. Holdings, Inc.; Algonquin Power Fund (Canada), Inc.; and Algonquin Power Systems, Inc., Adversary Defendants-Appellants, v. CHRISTINE FALLS OF NEW YORK, INC. and Trafalgar Power Inc., Adversary Plaintiffs-Appellees.

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

October 25, 2011.

Attorney(s) appearing for the Case

Menter Rudin & Trivelpiece, Jeffrey A. Dove, Esq. , James C. Thoman, Esq. , of

Counsel, Syracuse , NY, for Algonquin Power Parties.

Harris Beach PLLC, Paul J. Yesawich, III, Esq. , Laura W. Smalley, Esq. , of Counsel, Pittsford, NY, David M. Capriotti, Esq. , of Counsel, Syracuse, NY, for Trafalgar Power Parties.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

On March 30, 2010, the Judgment entered on November 6, 2008, was vacated in accordance with the direction of the United States Court of Appeals for the Second Circuit. See Algonquin Power Income Fund v. Christine Falls of N.Y., Inc., 362 Fed.Appx. 151, 152 (2d Cir.2010) (summary order) ("Algonquin III"), vacating & remanding...

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