PowerComm, LLC v. Holyoke Gas & Electric, et al, No. 10-2327 (1st Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on September 14, 2011.

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United States Court of Appeals For the First Circuit No. 10-2327 POWERCOMM, LLC, Plaintiff, Appellant, v. HOLYOKE GAS & ELECTRIC DEPARTMENT; JAMES M. LAVELLE; BRIAN C. BEAUREGARD; JEFFREY BROUILLARD; MICHAEL COSTELLO; CHARLES L. MARTEL, Defendants, Appellees. ERRATA The opinion of this Court, issued on September 14, 2011, should be amended as follows. On page 2, line 7 of 1st paragraph, replace "Defendantappellant" with "Defendant-appellee". On page 2, line 2 of 3rd paragraph, replace "James Lavelle, the Senior Manager of HG&E," with "Lavelle". Move footnote 1 from 3rd line down on page 4 to the end of the 1st paragraph on page 2. Change first sentence of footnote to read: "The other named defendants-appellees are all HG&E employees." Replace "In addition to Lavelle, they are" with "They are James Lavelle, the Senior Manager,". The second full sentence on page 3 should be revised to read: "HG&E's Purchasing Coordinator, Yocelyn Delgado, reviewed the resulting six bids and a cost comparison prepared by Brouillard and concluded that the lowest bid--from Williams Construction ("Willco")--was $70,000 (or about 19 percent) lower than PowerComm's, which was the second lowest." On page 8, line 8 of 2nd full paragraph, insert "improperly" between "was" and "affected".