Lupien v. Citizens Utilities Co.

STRAUB, Circuit Judge:

Hansen-Lupien Corporation and John J. Lupien, Sr., (“H-L”) appeal from (1) a judgment of the United States District Court for the District of Vermont (J. Garvan Murtha, Chief Judge) entered August 14,1997, granting summary judgment dismissing H-L’s complaint, and (2) a judgment of the same court entered October 21,1997, and amended November 3, 1997, granting summary judgment in favor of the Citizens Utilities Company (“CUC”) on its counterclaim for breach of contract. Although we conclude that the District Court properly dismissed plaintiffs’ complaint, we hold that CUC…