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CENTRAL MAINE POWER CO. v. FOSTER WHEELER CORP.

Civ. No. 83-0056-P.

684 F.Supp. 724 (1988)

CENTRAL MAINE POWER COMPANY, and Hartford Steam Boiler Inspection & Insurance Company, Plaintiffs, v. FOSTER WHEELER CORPORATION and Burns & Roe, Inc., Defendants.

United States District Court, D. Maine.

Memorandum of Decision and Order April 18, 1988.

Attorney(s) appearing for the Case

Jotham D. Pierce, Jr., Pierce, Atwood, Scribner, Elizabeth T. McCandless, and Scott T. Maker, Norman and Hansen, Portland, Me., James D. Poliquin, for plaintiffs.

F. Timothy McNamara, Hartford, Conn., for Hartford Steam Boiler.

Elizabeth G. Stouder, Harrison L. Richardson, Portland, Me., and James A. McCormack, for Burns and Roe.

Phillip D. Buckley, Rudman & Winthell, Bangor, Me., Norman D. Alvy, Buckley, Treacy, Schaffel, Mackey & Abbate, New York City, Eugene Schaffel, for Foster Wheeler.

FINDINGS OF FACT AND OPINION, AT THE CONCLUSION OF ALL OF THE EVIDENCE, ON THE RENEWED DEFENSE MOTIONS FOR INVOLUNTARY DISMISSAL OF COUNT II OF PLAINTIFFS' AMENDED COMPLAINT, PURSUANT TO Fed.R.Civ. P. 41(b)

GENE CARTER, District Judge.

I. PROCEDURE

Trial in this matter commenced on June 15, 1987, with the presentation of Plaintiffs' case-in-chief. At the conclusion of the Plaintiffs' case, Defendants made oral motions, which were heard on the record...

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