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TXU PORTFOLIO MANAGEMENT CO. v. FPL ENERGY

No. 05-08-01584-CV.

328 S.W.3d 580 (2010)

TXU PORTFOLIO MANAGEMENT COMPANY, L.P. n/k/a Luminant Energy Company, L.L.C., Appellant/Cross-Appellee, v. FPL ENERGY, LLC, FPL Energy Pecos Wind I, L.P., FPL Energy Pecos Wind II, L.P., Indian Mesa Wind Farm, L.P., Appellees/Cross-Appellants.

Court of Appeals of Texas, Dallas.

Rehearing Overruled January 14, 2011.

Attorney(s) appearing for the Case

James W. Walker , Walker Sewell, LLP, Dallas, TX, for Appellant/Cross-Appellee.

Jeffrey M. Tillotson , Lynn, Tillotson, & Pinker, L.L.P., Dallas, for Appellees/Cross-Appellants.

Before Justices MORRIS, FITZGERALD, and FRANCIS.

OPINION

Opinion By Justice MORRIS.

This appeal arises out of a contractual dispute between an electricity wholesaler and three wind-powered electrical generation facilities. TXU Portfolio Management Company, L.P. n/k/a Luminant Energy Company, L.L.C. filed a lawsuit against FPL Energy, LLC, FPL Energy Pecos Wind I, L.P., FPL Energy Pecos Wind II, L.P., and Indian Mesa Wind Farm, L.P. (collectively the Wind Farms). It sought to recover liquidated damages...

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