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CITADEL EQUITY FUND LTD. v. AQUILA, INC.

No. 04 Civ. 8145(RWS).

371 F.Supp.2d 510 (2005)

CITADEL EQUITY FUND LTD., and Citadel Credit Trading Ltd., Plaintiffs, v. AQUILA, INC., Defendant.

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

May 18, 2005.

Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman by Adam L. Shiff, Michael C. Harwood, New York City, for Plaintiffs.

Milbank, Tweed, Hadley & McCloy by Scott A. Edelman, Michael A. Berg, New York City, for Defendant.

OPINION

SWEET, District Judge.

Defendant Aquila, Inc. ("Aquila" or the "Borrower") has moved under Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint of plaintiffs Citadel Equity Fund Ltd. and Citadel Credit Trading Ltd. (collectively, "the Citadel Funds"), which seeks to enforce a particular prepayment premium under a credit agreement entered into by Aquila. For the reasons set forth below, the motion is granted.

At issue is the $27 million...

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