Fulton Cogeneration Associates v. Niagara Mohawk Power Corp.
Court of Appeals for the Second Circuit
1Opinion of the Court
OAKES, Senior Circuit Judge:
Niagara Mohawk Power Corporation (“Niagara”) appeals from a summary judgment entered by the United States District Court for the Northern District of New York, Frederick J. Scullin, Jr., Judge, in favor of Fulton Cogeneration Associates (“Fulton”) on its claim against Niagara for breach of contract. The district court held that Niagara was obligated under the contract to purchase all electricity generated by an electric generating facility operated by Fulton in the Town of Fulton, New York, so long as such quantities were not unreasonably disproportionate to the…
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