Sacramento Municipal Utility District v. Mirant Americas Energy Marketing, LP (In Re Mirant Corp.)

Memorandum Opinion

DENNIS MICHAEL LYNN, Bankruptcy Judge.

Before the court are cross motions for summary judgment (the “SMUD Motion”, the “MAEM Motion”, and collectively the “Motions”) filed by Mirant Americas Energy Marketing, L.P. (“MAEM”) and Sacramento Municipal Utility District (“SMUD”) in the above-styled adversary proceeding (the “Adversary”). The parties have briefed the issues to the court, and the court heard argument on July 21, 2004. The court has before it summary judgment evidence consisting of affidavits and documents, described as required be low. This matter is subject to the…