Legal Opinion

Niagara Mohawk Power Corp. v. Consolidated Rail Corp.

District Court, N.D. New York

Decided July 16, 2008No. 5:98-CV-1039PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

On January 30, 2008, the United States Court of Appeals for the Second Circuit issued a Mandate remanding this matter for reconsideration in light of United States v. Atlantic Research Corp., — U.S. -, 127 S.Ct. 2331, 168 L.Ed.2d 28 (2007). The Mandate was filed in the Northern District of New York on February 29, 2008. The parties were directed to brief the impact, if any, of that decision upon this case. Oral argument was heard on July 8, 2008, in Utica, New York. 1 Decision was reserved.

II. PROCEDURAL HISTORY

Plaintiff…

2Cases cited8 opinions

  1. Cooper Industries, Inc. v. Aviall Services, Inc.Supreme Court of the United States · 2004
  2. United States v. Atlantic Research Corp.Supreme Court of the United States · 2007
  3. Consolidated Edison Company of New York, Inc. v. Ugi Utilities, Inc., Docket No. 04-2409-CvCourt of Appeals for the Second Circuit · 2005
  4. Bedford Affiliates v. SillsCourt of Appeals for the Second Circuit · 1998
  5. Niagara Mohawk Power Corp. v. Consolidated Rail Corp.District Court, N.D. New York · 2003

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3Cited by3 opinions

  1. Niagara Mohawk Power Corp. v. Chevron U.S.A., Inc.Court of Appeals for the Second Circuit · 2010
  2. ITT Industries, Inc. v. BorgWarner, Inc.District Court, W.D. Michigan · 2009
  3. Niagara Mohawk v. Consolidated RailCourt of Appeals for the Second Circuit · 2010

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