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TRAFALGAR POWER, INC. v. AETNA LIFE INS. CO.

No. 99-CV-1238, 00-CV-1246.

146 F.Supp.2d 155 (2001)

TRAFALGAR POWER, INC. and Christine Falls Corporation, Plaintiffs, v. AETNA LIFE INSURANCE COMPANY, Algonquin Power Corporation, Inc., Algonquin Power Income Fund, and Algonquin Power Fund (Canada) Inc., Defendants. Algonquin Power Corporation, Inc. and Algonquin Power Income Fund, Plaintiffs, v. Trafalgar Power, Inc., Christine Falls Corporation, Pine Run Virginia, Inc., and American Casualty Company of Reading, Pennsylvania, Defendants.

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

April 23, 2001.

Attorney(s) appearing for the Case

Harris, Beach & Wilcox, Rochester, NY, Paul J. Yesawich, III, for Plaintiffs (99-CV-1238) & for Defendants (00-CV-1246).

Nixon Peabody, LLP, Rochester, NY, Robert B. Calihan, Andrew M. Burns, for Defendant Aetna Life Insurance Company (99-CV-1238).

Menter, Rudin & Trivelpiece, Syracuse, NY, Mitchell J. Katz, Rackemann, Sawyer & Brewster, Boston, MA, J. David Leslie, Eric A. Smith, Brian M. Hurley, for Defendants Algonquin Power Corporation, Inc., et al., (99-CV-1238) & Plaintiffs (00-CV-1246).

MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

By order dated February 13, 2001, this court preliminarily enjoined Trafalgar Power, Inc. (TPI), from assigning or otherwise disbursing a judgment it had obtained in a separate yet related malpractice action. The tort judgment proceeds are currently being held in an escrow account pending determination on the merits of the parties' various claims. TPI now seeks reimbursement from those proceeds...

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