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GRAYS FERRY COGENERATION PARTNERSHIP v. PECO ENERGY CO.

Civil Action No. 98-1243.

998 F.Supp. 542 (1998)

GRAYS FERRY COGENERATION PARTNERSHIP, et al. v. PECO ENERGY COMPANY, et al.

United States District Court, E.D. Pennsylvania.

March 19, 1998.

Attorney(s) appearing for the Case

Ira B. Silverstein (argued), Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, for Plaintiffs.

Raymond T. Cullen (argued), Morgan, Lewis & Bockius, LLP, Philadelphia, PA, for PECO.

Matthew D'Annunzio, Mesirov, Gelman, Jaffe, Cramer & Jamieson, LLP, Philadelphia, PA, for Adwin Cogeneration, Inc.

Karen Moury, Pennsylvania Public Utility Commission, Law Bureau, Harrisburg, PA, for PUC.

MEMORANDUM

DALZELL, District Judge.

Alleging that a $158 million power generation enterprise will in a matter of weeks go out of business by reason of its primary customer's wrongdoing, plaintiffs on March 9, 1998 filed this action and a motion for preliminary injunction to prevent this feared catastrophe.

Specifically, plaintiffs Grays Ferry Cogeneration Partnership ("Grays Ferry"), Trigen-Schuylkill...

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