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KAMINE/BESICORP ALLEGANY L.P. v. ROCHESTER GAS & ELECTRIC CORP.

No. 95-CV-6045L.

908 F.Supp. 1180 (1995)

KAMINE/BESICORP ALLEGANY L.P., Plaintiff, v. ROCHESTER GAS & ELECTRIC CORP., Defendant.

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

March 20, 1995.

Attorney(s) appearing for the Case

Douglas A. Foss, Harris, Beach & Wilcox, Rochester, NY, Anthony R. Palermo, Hodgson, Russ, Andrews, Woods & Goodyear, Rochester, NY, William A. Escobar, Alan R. Kusinitz, Kelley Drye and Warren, New York City, for plaintiff.

John Stuart Smith, David M. Schraver, Flor M. Colon, Nixon, Hargrave, Devans & Doyle, LLP, Rochester, NY, for defendant.

DECISION AND ORDER

LARIMER, District Judge.

The dispute in this case centers on a 1990 contract that was—to a great degree—forced upon defendant, Rochester Gas and Electric Corporation ("RG & E"), a very unwilling and reluctant suitor. The contract was compelled by both federal and state law concerning the production of alternative energy sources.

As Shakespeare said of forced marriages, however, this forced contractual union...

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