Commonwealth Edison Co. v. Allied Chemical Nuclear Products, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

In this diversity breach of contract case, plaintiff Commonwealth Edison Company (“Edison”) sued defendant Allied-General Nuclear Services (“AGNS”) for breach of an agreement for nuclear fuel recovery services (“Contract”). Currently before the Court is AGNS’s motion for partial summary judgment on storage and waste costs. For the reasons set forth below, we deny AGNS’s motion for partial summary judgment under Fed.R.Civ.P. 56(c) on this issue.

I

We relate the factual background of this case briefly in order to place the legal issue we decide in…