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SIEMENS WESTINGHOUSE POWER CORP. v. DICK CORP.

No. 03 Civ. 364(VM).

293 F.Supp.2d 336 (2003)

SIEMENS WESTINGHOUSE POWER CORPORATION, Plaintiff, v. DICK CORPORATION, Defendant/Counterclaim Plaintiff, Continental Casualty Company and National Fire Insurance Company of Hartford, Defendants. Dick Corporation, On Behalf of the Consortium of Dick Corporation and Siemens Westinghouse Power Corporation, and Individually, Third-Party Plaintiff, v. AES Londonderry, L.L.C., Sycamore Ridge, L.L.C., Stone & Webster, Inc., Limbach Company and Sachs Electric Company, Third-Party Defendants.

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

October 14, 2003.

Attorney(s) appearing for the Case

Charles F. Kenny, Gregory N. Chertoff, Peckar & Abramson, P.C., New York City, for plaintiff.

John C. Sabetta, Seyfarth Shaw, New York City, John T. Bergin, Richard M. Preston, Seyfarth Shaw, Washington, DC, for defendants.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Siemens Westinghouse Power Corporation ("SWPC") and defendant Dick Corporation ("Dick") formed a Consortium for the purpose of constructing a power plant in New Hampshire on behalf of global power company AES Corporation ("AES"). Because of delays in the project, SWPC has allegedly paid over $18 million in liquidated damages to AES. SWPC filed...

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