CONSUMERS POWER CO. v. U.S. DEPT. OF ENERGY

Nos. 6-36, 6-37 and 6-38.

894 F.2d 1571 (1990)

CONSUMERS POWER COMPANY, Plaintiff-Appellant/Appellee, v. UNITED STATES DEPARTMENT OF ENERGY, Defendant-Appellee/Appellant.

Temporary Emergency Court of Appeals.

Decided January 2, 1990.

Judgment Entered January 4, 1990.


Attorney(s) appearing for the Case

Stephen C. Skubel, Office of General Counsel, U.S. Dept. of Energy, Washington, D.C., with whom Marc Johnston and Charles L. Cope II of the same office were on the brief for defendant-appellee/appellant U.S. Dept. of Energy.

William H. Bode, William H. Bode and Associates, Washington, D.C., with whom John M. Mason of the same firm, and O.K. Peterson, Consumers Power Co., Jackson, Mich. were on the brief for plaintiff-appellant/appellee Consumers Power Co.

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

Before HOFFMAN, BECKER and DAUGHERTY, Judges.


PER CURIAM:

This consolidated appeal concerns several issues related to an action brought by Consumers Power Company (Consumers) through which Consumers sought to participate in the Department of Energy's (the Department) Entitlement Program.

I.

The appeals in all of the cases presently before this Court evolved out of the decision of the United States District Court for the Eastern District of Michigan requiring the Department to include Consumers...

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