United States First Circuit

In a declaratory judgment action brought by a public utility that generates and sells electric power to businesses and residents of Puerto Rico against a North Carolina corporation and its principal, involving a contract between the parties, judgment dismissing plaintiff's claims and granting summary judgment for defendants on counterclaims is affirmed where: 1) the district court correctly determined that the contract was valid and binding, and that in accordance with its terms, defendant was entitled to twenty percent of a refund received from the U.S. Department of Energy; and 2) plaintiff was not prejudiced by sua sponte summary judgment rulings on other claims, and the rulings were not in error.

Appellate Information

• Decided 02/07/2008
• Published 02/07/2008

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Marco A. González, Jr., with whom Gia G. Incardone and Duane Morris LLP were on brief, for appellant.


• For Appellees:
  
• David F. Smith, with whom W. Clifton Holmes, Sher & Blackwell LLP, José E. Alfaro-Delgado, and Brown & Ubarri, P.S.C. were on brief, for appellees.