Legal Opinion

Combustion Engineering, Inc. v. Miller Hydro Group

District Court, D. Maine

Decided October 6, 1992No. Civ. 89-0168-P-CPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW

GENE CARTER, Chief Judge.

After entering into a turnkey construction contract with Defendant for a hydroelectric facility in Lisbon Falls, Maine, Plaintiff designed, constructed, and tested the facility. In 1989 Plaintiff brought this suit for breach of contract, alleging that Defendant had failed to pay certain amounts due under the contract including the retainage and bonus amounts for power generated in excess of the contract minimums. The complaint was amended to include equitable claims for unjust enrichment…

2Cases cited11 opinions

  1. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  2. Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
  3. First National Bank v. Burton, Parsons & Co.Court of Special Appeals of Maryland · 1984
  4. Commerce, Crowdus & Canton, Ltd. v. DKS Construction Inc., Texas Court of Appeals, 5th District (Dallas)1989
  5. Levine v. ReynoldsSupreme Judicial Court of Maine · 1947

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3Cited by6 opinions

  1. Uncle Henry's Inc., Appellant/cross-Appellee v. Plaut Consulting Co., Inc., Appellee/cross-Appellant, Edgewing, a Division of Plaut Consulting Inc.Court of Appeals for the First Circuit · 2005
  2. Powers v. Lycoming EnginesDistrict Court, E.D. Pennsylvania · 2007
  3. Combustion Engineering, Inc. v. Miller Hydro GroupCourt of Appeals for the First Circuit · 1994
  4. JAY CASHMAN, INC. v. Portland Pipe Line Corp.District Court, D. Maine · 2008
  5. Abington Constructor v. Madison PaperCourt of Appeals for the First Circuit · 2000

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