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COMBUSTION ENGINEERING, INC. v. MILLER HYDRO GROUP

Civ. No. 89-0168-P-C.

812 F.Supp. 260 (1992)

COMBUSTION ENGINEERING, INC., Plaintiff/Counterclaim Defendant, v. MILLER HYDRO GROUP, Defendant/Counterclaim Plaintiff, and Kansallis-Osake-Pankki, Party in Interest.

United States District Court, D. Maine.

October 6, 1992.

Attorney(s) appearing for the Case

John H. Montgomery, David Soley, Gordon F. Grimes, Robert H. Stier, Linda Monica, Bernstein, Shur, Sawyer & Nelson, Portland, ME, for plaintiffs.

George S. Isaacson, David Bertoni, Brann & Isaacson, Lewiston, ME, for defendant Miller Hydro.

Howard H. Dana, Jr., Verrill & Dana, Portland, ME, for defendant Kansallis-Osake-Pankki.

MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW

GENE CARTER, Chief Judge.

After entering into a turnkey construction contract with Defendant for a hydroelectric facility in Lisbon Falls, Maine, Plaintiff designed, constructed, and tested the facility. In 1989 Plaintiff brought this suit for breach of contract, alleging that Defendant had failed to pay certain amounts due under the contract including the retainage and bonus...

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