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RJG CAB, INC. v. HODEL

No. 85-1573.

797 F.2d 111 (1986)

RJG CAB, INC., Individually and on behalf of all others similarly situated and Geraldine H. Sweeney, Individually and on behalf of all others similarly situated and Philadelphia Electric Company, On behalf of itself and all others similarly situated, Intervenor, Appellants, v. Donald HODEL, Individually and as Secretary of Energy of the United States and Rayburn Hanzlik, Individually and as Administrator of the Economic Regulatory Administration of the Department of Energy of the United States, Appellees.

United States Court of Appeals, Third Circuit.

Assigned May 22, 1986.

Decided July 23, 1986.

Rehearing Denied August 28, 1986.

Attorney(s) appearing for the Case

Philip P. Kalodner (argued), Philadelphia, Pa., for RJG Cab, Inc., and Geraldine H. Sweeney.

Harold E. Kohn, Joseph C. Kohn, Kohn, Savett, Marion & Graf, Philadelphia, Pa., for Philadelphia Elec. Co.

Alexander Ewing, Jr., Asst. U.S. Atty., Philadelphia, Pa., Elisa B. Vela (argued), U.S. Dept. of Justice, Civil Div., Washington, D.C., for U.S.

Before SEITZ, HIGGINBOTHAM and BECKER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The plaintiffs, RJG Cab, Inc. (RJG), and Geraldine H. Sweeney (Sweeney), and the plaintiff-intervenor, Philadelphia Electric Co. (PECO) [hereinafter collectively "plaintiffs"], appeal a final order of the the district court dismissing for lack of standing and ripeness their challenge to the constitutionality of section 155 of the Further Continuing Appropriations Act of 1983, Pub. L. No. 97-377, 96 Stat. 1830, 1919...

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