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This case consists of consolidated actions by various individuals and entities involved in the development, construction, and/or operation of six hydroelectric plants located in upstate New York. The attempted development of these sites has resulted in financial disaster, extensive litigation before the district court, and the appeal before us.

Plaintiff-counter-defendant-appellant Hydro-Investors, Inc. ("HII") appeals from an order denying its post-trial motion for an accounting and the imposition of a constructive trust. Defendant-appellant-cross-appellee Neal Dunlevy ("Dunlevy") and defendant-appellant-cross-appellee Stetson-Harza ("Stetson-Harza") appeal from a judgment, following a jury verdict, imposing joint and several liability on them in the amount of $7.6 million for damages stemming from their professional malpractice with regard to the hydroelectric plants at Ogdensburg and Forestport. Dunlevy and Stetson-Harza also appeal from the district court's denial of their post-trial motions for a new trial and/or for judgment as a matter of law.

Defendants-counter-claimants-appellees Trafalgar Power, Inc., Marina Development, Inc. ("Marina Development"), and Arthur Steckler ("Steckler") (collectively "TPI") cross-appeal from (1) a pre-trial order dismissing their negligent misrepresentation claim with respect to the Adams and Kayuta Lake sites; (2) orders entered at trial dismissing their professional malpractice claims with respect to Adams and Kayuta Lake; (3) orders entered at trial dismissing breach of contract claims with respect to the Adams, Kayuta Lake, Forestport, and Ogdensburg sites; and (4) a post-trial order dismissing their motion to amend the judgment to include an award of prejudgment interest.

For the reasons that follow, we affirm in part and vacate in part the judgment and orders of the district court and remand for additional proceedings consistent with this opinion.


227 F.3d 8 (2000)

HYDRO INVESTORS, INC., Plaintiff-Counter-Defendant-Appellant, Lawrence Taft, Plaintiff-Counter-Defendant, v. TRAFALGAR POWER INC., Marina Development, Inc., and Arthur Steckler, Defendants-Counter-Claimants-Appellees. Trafalgar Power Inc., Plaintiff-Appellee-Cross-Appellant, v. Neal Dunlevy and Stetson-Harza Corp., Defendants-Appellants-Cross-Appellees.

Nos. 99-9198(L), 99-9206(XAP), 99-9202(CON), 99-9204(CON).

United States Court of Appeals, Second Circuit.

Argued: June 23, 2000.

Decided: September 15, 2000.

New York Law School location: File #2872, Box #142