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METROMEDIA ENERGY, INC. v. ENSERCH ENERGY SERVICES

No. 04-1944.

409 F.3d 574 (2005)

METROMEDIA ENERGY, INC. v. ENSERCH ENERGY SERVICES, INC.; TXU Energy Company LLC; TXU Energy Trading; TXU Energy Services, n/k/a TXU Energy Retail Company, LP; TXU John Does TXU Energy Services, n/k/a TXU Energy Retail Company, LP, Defendants/Third-Party Plaintiffs v. Metromedia Company, Third-Party Defendant Enserch Energy Services, Inc; TXU Energy Company LLC; TXU Energy Trading; TXU Energy Services, n/k/a TXU Energy Retail Company, LP, Appellants

United States Court of Appeals, Third Circuit.

Filed: June 2, 2005.

Attorney(s) appearing for the Case

Counsel: Robert K. Wise, Esq. (Argued), Thomas F. Lillard, Esq., Miles B. Haberer, Esq., Hunton & Williams, LLP, Dallas, TX, Leda Dunn Wettre, Esq., Robinson & Livelli, Newark, NJ, for Appellants.

Phyllis J. Kessler, Esq. (Argued), Richard S. Last, Esq., Foreht, Last, Landau & Katz, New York, NY, for Appellees.

Before: ALITO, SMITH, and ROSENN, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

In this case, we are called upon to review an arbitration award arising out of a dispute between TXU Energy Retail, LP ("TXU") and Metromedia Energy Services, Inc. ("MME") concerning a series of natural gas sales by TXU to MME. The March 3, 2003 arbitration award found that TXU had not overcharged MME for sales of natural gas that took place between November 2000 and February 2001. On April 10, 2003, MME responded...

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