PUBLIC SERVICE CO. OF N.H. v. CONSOL. UTIL. & COM.

Nos. 88-1068, 88-1069.

846 F.2d 803 (1988)

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Plaintiff, Appellee, v. CONSOLIDATED UTILITIES AND COMMUNICATIONS, INC., Defendant, Appellant. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Plaintiff, Appellee, v. CONSOLIDATED UTILITIES AND COMMUNICATIONS, INC., et al., Defendants, Appellees, First Fidelity Bank, N.A., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 13, 1988.


Attorney(s) appearing for the Case

Robert S. Smith, with whom Audrey S. Feinberg, Maria H. Bainor, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Wilfred L. Sanders, Jr., Lawrence M. Edelman and Sanders & McDermott, P.A., Hampton, N.H., were on brief, for Consol. Utilities and Communications, Inc.

John F. Pritchard, with whom Sutton Keany, Keith M. Merriwether, III, Ann Halan, Winthrop, Stimson, Putnam & Roberts, New York City, Lawrence S. Smith and Ransmeir & Spellman, Concord, were on brief, for appellant First Fidelity Bank, N.A.

Gregory A. Holmes and Wiggin & Nourie, Manchester, on brief, for Amoskeag Bank, amicus curiae.

Thomas R. Jones, with whom Jerome Sheinman, Bohdan Vitvitsky, Geoffrey E. Liebmann, Cahill Gordon & Reindel, New York City, Warren C. Nighswander and Sulloway Hollis & Soden, Concord, were on brief, for appellee Public Service Co. of New Hampshire.

Before CAMPBELL, Chief Judge, WISDOM, Senior Circuit Judge, and BOWNES, Circuit Judge.


BOWNES, Circuit Judge.

This case grows out of the financial trouble besetting Seabrook Nuclear Power Plant (Seabrook) in Seabrook, New Hampshire. On appeal, defendants-appellants Consolidated Utilities and Communication, Inc. (CUC), and First Fidelity Bank, N.A. (Fidelity) challenge two preliminary injunctive orders issued by the United States District Court for the District of New Hampshire in favor of plaintiff-appellee Public Service Company of New Hampshire (PSNH...

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