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SIEMENS WESTINGHOUSE POWER CORP. v. DICK CORP.

No. 03 CIV.364 VM.

299 F.Supp.2d 242 (2004)

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.

January 14, 2004.

Attorney(s) appearing for the Case

Gregory N. Chertoff, Peckar & Abramson, P.C., New York, NY, for Plaintiff.

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

DECISION AND ORDER

MARRERO, District Judge.

Defendant and third-party plaintiff Dick Corporation ("Dick") moves this Court for leave to file a second amended answer and counterclaim for the purpose of, among other things, adding updated counterclaims of negligent misrepresentation and fraudulent concealment. Plaintiff Siemens Westinghouse Power Corporation ("SWPC") opposes the motion on the ground that the proposed amended filing would be futile with...

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