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UNITED STATES v. STATE OF MD.

Civ. No. H-78-1063.

471 F.Supp. 1030 (1979)

UNITED STATES of America, Plaintiff, v. STATE OF MARYLAND and Public Service Commission of the State of Maryland, Defendants, and People's Counsel of the State of Maryland, Defendant-Intervenor.

United States District Court, D. Maryland.

June 12, 1979.

Attorney(s) appearing for the Case

William L. Shraberg, Tax Div., Dept. of Justice, Washington, D.C., and Edward M. Norton, Jr., Asst. U. S. Atty., Baltimore, Md., for plaintiff.

Gerald I. Langbaum, Asst. Atty. Gen., Baltimore, for defendant State of Md.

John B. Gontrum, Staff Atty., Baltimore, Md., for defendant Public Service Com'n of State of Md.

Philip S. Shapiro, Asst. People's Counsel, Baltimore, Md., for defendant People's Counsel of State of Md.

ALEXANDER HARVEY, II, District Judge:

This case presents the question whether agencies of the federal government which purchase electricity from utility companies within the State of Maryland must pay an exaction imposed by State law and termed an "environmental surcharge." Presently before the Court are defendants' motion for summary judgment and plaintiff's cross-motion for partial summary judgment. The parties have...

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