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ENCOGEN FOUR PARTNERS v. NIAGARA MOHAWK POWER CORP.

Nos. 94 Civ. 1497 (JES), 94 Civ. 1530 (JES).

914 F.Supp. 57 (1996)

ENCOGEN FOUR PARTNERS, L.P., Plaintiff, v. NIAGARA MOHAWK POWER CORPORATION, Defendant. NORCON POWER PARTNERS, L.P., Plaintiff, v. NIAGARA MOHAWK POWER CORPORATION, Defendant.

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

February 6, 1996.

Attorney(s) appearing for the Case

King and Spalding (Laurence V. Senn, Jr., of counsel), New York City, for Plaintiff Encogen Four Partners, L.P.

Chadbourne & Parke (Thomas J. Hall, Brian A. Miller, of counsel), New York City, for Plaintiff NorCon Power Partners, L.P.

Lankenau Kovner & Kurtz (Laura R. Handman, of counsel), New York City, for Defendant Niagara Mohawk Power Corp.

Swidler & Berlin, Chartered (Timothy A. Ngau, of counsel), Washington, DC, for Defendant Niagara Mohawk Power Corp.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiffs Encogen Four Partners, L.P. ("Encogen") and NorCon Power Partners, L.P. ("NorCon") bring the instant related actions against Niagara Mohawk Power Corporation ("Niagara Mohawk"), each claiming breach of contract for the sale of electricity. In each action, Niagara Mohawk counterclaims against plaintiffs, seeking a declaratory judgment that New York law provides a right to demand adequate assurances...

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