Arkansas River Power Authority v. Babcock &Wilcox Power Generation Group, Inc.

Filing 174

ORDER denying 118 and 119 Motions for Partial Summary Judgment. By Judge Christine M. Arguello on 12/11/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-00638-CMA-NYW
ARKANSAS RIVER POWER AUTHORITY,
Plaintiff/Counter Defendant,
v.
THE BABCOCK & WILCOX POWER COMPANY,
f/k/a BABCOCK & WILCOX POWER GENERATION GROUP, INC.,
Defendant/Counter Claimant.
ORDER DENYING MOTIONS FOR PARTIAL SUMMARY JUDGMENT
Currently before the Court are two motions for partial summary judgment, both
filed on August 24, 2015: Defendant’s Motion for Partial Summary Judgment (Doc. #
118) and Plaintiff’s Motion for Partial Summary Judgment on Plaintiff’s Seventh and
Eight Claims for Relief and Defendant’s Counterclaims (Doc. # 119). Upon review of
the parties’ briefing on both motions and the evidence referenced therein, the Court
determines that genuine issues of material fact preclude the Court from granting either
motion for partial summary judgment.
Accordingly, the Court ORDERS that Defendants’ Motion for Partial Summary
Judgment (Doc. # 118) is DENIED and that Plaintiff’s Motion for Partial Summary
Judgment on Plaintiff’s Seventh and Eight Claims for Relief and Defendant’s
Counterclaims (Doc. # 119) is DENIED.

DATED: December 11, 2015

BY THE COURT:

CHRISTINE M. ARGUELLO
United States District Judge

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