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PHILIP MORRIS CAPITAL CORP. v. CENTURY POWER CORP.

No. 90 Civ. 8277 (RPP).

778 F.Supp. 141 (1991)

PHILIP MORRIS CAPITAL CORPORATION, Plaintiff, v. CENTURY POWER CORPORATION, Tucson Electric Power Company, Catalyst Energy Corporation, and San Diego Gas & Electric Company, Defendants.

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

October 25, 1991.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore by Alan J. Hruska, New York City, for plaintiff.

Baker & Botts by Philip J. John, Houston, Tex., for defendant Catalyst Energy Corp.

Skadden, Arps, Slate, Meagher & Flom by Barry H. Garfinkel, New York City, for defendant San Diego Gas & Elec. Co.

Cahill Gordon & Reindel by Laurence A. Silverman, New York City, for defendant Century Power Corp.

Leboeuf, Lamb, Leiby & MacRae by Charles Platt, New York City, for defendant Tucson Elec. Power Co.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This action arises from a transaction involving the sale and leaseback of an electric generating plant and certain other utility facilities. Plaintiff Philip Morris Capital Corporation ("Philip Morris"), an investor in the transaction, seeks recovery from defendants Century Power Corporation ("Century Power," previously known as Alamito Company, "Alamito"), Tucson Electric Power Company ("Tepco...

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