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PENOBSCOT ENERGY RECOVERY CO. v. BOS-HATTEN, INC.

Civil No. 99-138-B-C.

111 F.Supp.2d 55 (2000)

PENOBSCOT ENERGY RECOVERY CO., Plaintiff, v. BOS-HATTEN, INC., Defendant.

United States District Court, D. Maine.

August 30, 2000.

Attorney(s) appearing for the Case

Kevin G. Libby, Monaghan, Leahy, Hochadel & Libby, Portland, ME, for Penobscot Energy Recovery Co., plaintiff.

Frederick J. Badger, Jr., Richardson, Whitman, Large & Badger, Bangor, ME, for Bos-Hatten Inc, defendant.

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, District Judge.

Before the Court is Defendant's Motion for Summary Judgment pursuant to Fed. R.Civ.P. 56 (Docket # 11). For the reasons discussed below, the Court will grant the Motion.

Plaintiff's claims, sounding in breach of warranty, negligence and strict liability, arise out of the failure of a by-pass condenser at the Penobscot Energy Recovery Company waste management facility ("PERC facility")...

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