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WILMINGTON TRUST CO. v. AEP GENERATING CO.

No. 16-3496.

859 F.3d 365 (2017)

WILMINGTON TRUST COMPANY, a Delaware corporation, acting in its capacity as owner trustee of AEGCO Trust 1, AEGCO Trust 2, AEGCO Trust 5, I&M Trust 1, I&M Trust 2, and I&M Trust 5, and not in their individual capacities, Plaintiff-Appellant, v. AEP GENERATING COMPANY, an Ohio corporation; Indiana Michigan Power Company, an Indiana corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 8, 2017.

Attorney(s) appearing for the Case

ARGUED: Richard P. Bress , LATHAM & WATKINS LLP, Washington, D.C., for Appellant. David L. Elsberg , QUINN EMANUEL URQUHART & SULLIVAN, LLP, New York, New York, for Appellees. ON BRIEF: Richard P. Bress, Edward J. Shapiro , Drew C. Ensign , Benjamin W. Snyder , LATHAM & WATKINS LLP, Washington, D.C., Stephen E. Chappelear , Russell J. Kutell , FROST BROWN TODD LLC, Columbus, Ohio, for Appellant. David L. Elsberg , Sanford I. Weisburst , Peter E. Calamari , Rollo Baker , QUINN EMANUEL URQUHART & SULLIVAN, LLP, New York, New York, for Appellees.

Before: CLAY, SUTTON, and GRIFFIN, Circuit Judges.

AMENDED OPINION

Nearly twenty years after defendants built, sold, and leased back a coal-burning power plant, they committed to either make over a billion dollars of emission control improvements to the plant, or shut it down. Defendants did so by way of a consent decree, resolving various lawsuits involving alleged...

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