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COUNTY OF OSWEGO INDUS. v. FULTON COGENERATION

No. 5:05-CV-926.

636 F.Supp.2d 159 (2009)

COUNTY OF OSWEGO INDUSTRIAL DEVELOPMENT AGENCY, Plaintiff, v. FULTON COGENERATION ASSOCIATES, LP., Lions Capital Management, LLC, aka Lion Capital Management, LLC, Fimab, Promeneur & Hausmann, Inc., El Paso Merchant Energy-Petroleum Company., and ANR Venture Fulton Company, Defendants.

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

July 16, 2009.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Robert B. Liddell, Esq., of Counsel, Syracuse, NY, for Plaintiff.

Nixon, Peabody LLP, Daniel J. Hurteau, Esq., of Counsel, Albany, NY, for El Paso Merchant Energy-Petroleum Company and ANR Venture Fulton Company.

MEMORANDUM-DECISION AND ORDER

NORMAN A. MORDUE, Chief Judge:

INTRODUCTION

Presently before the Court is a motion for summary judgment (Dkt. No. 136) by plaintiff, the County of Oswego Industrial Development Agency ("COIDA") against the two remaining defendants in this action, ANR Venture Fulton Company ("ANR") and El Paso Merchant Energy-Petroleum Company ("El Paso") (referred to collectively herein as "defendants"). This Court previously issued...

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