Sunnyside Cogeneration Associates v. Central Vermont Public Service Corp.

RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT

(papers 39, 40, and 51)

MURTHA, Chief Judge.

The plaintiffs in this diversity action claim the defendants breached a contract to provide bridge financing for development of their waste coal cogeneration facility in Utah. As discussed infra, neither plaintiffs nor defendants have met their burden of demonstrating the absence of genuine issues of material fact. Accordingly, the pending cross motions for summary judgment are DENIED.

I. Background

Each party moving for summary judgment has an initial burden of informing the Court of the basis for its motion…