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MICHIGAN SOUTH CENT. POWER v. CONSTELLATION ENERGY

No. 5:06-CV-70.

466 F.Supp.2d 912 (2006)

MICHIGAN SOUTH CENTRAL POWER AGENCY, a public body politic and corporate of the State of Michigan, Plaintiff, v. CONSTELLATION ENERGY COMMODITIES GROUP, INC., a Delaware corporation formerly known as Constellation Power Source, Inc., Defendant.

United States District Court, W.D. Michigan, Southern Division.

December 12, 2006.

Attorney(s) appearing for the Case

Mark. T. Boonstra, Miller Canfield Paddock & Stone PLC, Ann Arbor, MI, Richard A. Gaffin, Miller Canfield Paddock & Stone PLC, Grand Rapids, MI, for Plaintiff.

Andrew Bradley Young, Dewey Ballantine LLP, Washington, DC, Franz Michael Stenglein, Dewey Ballantine LLP, Austin, TX, Stephen P. Afendoulis, Varnum Riddering Schmidt & Howlett LLP, Grand Rapids, MI, for Defendant.

OPINION

ROBERT HOLMES BELL, Chief District Judge.

Plaintiff Michigan South Central Power Agency ("MSCPA") sues Defendant Constellation Energy Commodities Group, Inc. ("CCG") f/k/a Constellation Power Source, Inc., alleging two breaches of contract: (1) failure to indemnify MSCPA for certain charges, and (2) failure to make physical delivery free and clear of all charges incurred prior to delivery. CCG has filed a motion to dismiss the complaint for...

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