CONSUMERS POWER CO. v. DEPT. OF ENERGY

No. 6-32.

742 F.2d 1468 (1984)

CONSUMERS POWER COMPANY, et al., Plaintiffs-Appellees, v. DEPARTMENT OF ENERGY, et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided July 26, 1984.

As Amended August 29, 1984.


Attorney(s) appearing for the Case

Samuel Soopper, Washington, D.C., with whom Thomas H. Kemp, Dept. of Energy, Washington, D.C., was on the briefs for appellants.

William H. Bode, Spriggs, Bode & Hollingsworth, Washington, D.C., with whom John E. Varnum, William C. Lane and Peter N. Weiss, Washington, D.C., of the same firm, and O.K. Peterson and James W. Dempsey, Consumers Power Co., Jackson, Mich., were on the brief for appellees.

Don L. Keskey, Asst. Atty. Gen., Lansing, Mich., with whom Frank J. Kelley, Atty. Gen., and Louis J. Caruso, Sol. Gen. for the State of Mich., Lansing, Mich., and Ronald D. Eastman, Sp. Asst. Atty. Gen., for the State of Mich., Washington, D.C., and Lewis K. Loss, Cadwalader, Wickersham & Taft, Washington, D.C., were on the brief for intervenor-appellee.

Before GRANT, PECK and MAXWELL, Judges.


MAXWELL, Judge.

Defendant-Appellant, the Department of Energy ("DOE"), appeals an order entered by the district court for the Eastern District of Michigan requiring it to include plaintiff-appellee Consumers Power Company ("Consumers") in the Entitlements Program for the period from the program's inception in November 1974 through January 1976.

The Entitlements Program was part of a comprehensive regulatory framework...

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