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CONSOLIDATED EDISON CO. OF NEW YORK v. BODMAN

No. 05-5302.

449 F.3d 1254 (2006)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Appellants v. Samuel W. BODMAN, Secretary of United States Department of Energy and George B. Breznay, Director, Office of Hearings and Appeals of the U.S. Department of Energy, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 2006.

Attorney(s) appearing for the Case

Philip P. Kalodner argued the cause and filed the briefs for appellants.

Stephen C. Skubel, Counsel, U.S. Department of Energy, argued the cause for appellees. With him on the brief was Thomas H. Kemp, Counsel.

Before: SENTELLE, ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

This appeal is the latest iteration in a series of related lawsuits that involve the question whether States and federal agencies can obtain refunds under the 1986 Stripper Well settlement.1 Consolidated Edison et al. ("the Claimants") appeal the dismissal of their complaint against the Department of Energy ("DOE") and its Office of Hearings and...

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