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CONERGY AG v. MEMC ELECTRONIC MATERIALS, INC.

No. 09 Civ. 4906(SAS).

651 F.Supp.2d 51 (2009)

CONERGY AG, Plaintiff, v. MEMC ELECTRONIC MATERIALS, INC. and MEMC Singapore Pte. Ltd., Defendants.

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

August 13, 2009.

Attorney(s) appearing for the Case

Derek J.T. Adler, Esq., Erik B. Bond, Esq., Hughes Hubbard & Reed LLP, New York, NY, for Conergy.

William Jonas Hibsher, Esq., Daniel P. Waxman, Esq., Christopher R. Strianese, Esq., Bryan Cave LLP, New York, NY, for Defendants.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Conergy AG ("Conergy") brings this action to seek a declaration that a ten-year Solar Wafer Supply Agreement ("Agreement" or the "contract"), under which it purchases silicon wafers from defendants MEMC Electronic Materials, Inc. ("MEMC") and MEMC Singapore Pte. Ltd. ("MEMC Singapore") for use in manufacturing solar photovoltaic panels, is void and unenforceable. Conergy...

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