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JERSEY CENT. POWER & LIGHT COMPANY v. STATE OF N.J.

No. 84-5883.

772 F.2d 35 (1985)

JERSEY CENTRAL POWER & LIGHT COMPANY v. The STATE OF NEW JERSEY and Irwin I. Kimmelman, Attorney General of the State of New Jersey. Appeal of STATE OF NEW JERSEY and Irwin I. Kimmelman.

United States Court of Appeals, Third Circuit.

Decided September 6, 1985.

As Amended September 23, 1985.

Attorney(s) appearing for the Case

Irwin I. Kimmelman, Atty. Gen. of N.J., James J. Ciancia, Asst. Atty. Gen., Lawrence E. Stanley, Deputy Atty. Gen. (argued), Trenton, N.J., for appellants.

Martin S. Siegel (argued), Edward K. Dehope, Susan K. Fischer, Riker, Danzig, Scherer & Hyland, Morristown, N.J., for appellees; Bishop, Liberman & Cook, New York City, of counsel.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and NEWCOMER, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge:

It is axiomatic in our federal jurisprudence that a case must present a live controversy throughout the entire course of the litigation. This principle, predicated upon Article III of our Constitution, as well as upon prudential concerns, assures that throughout all stages of the litigation, a case retains both a concrete adversariness between the...

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