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YANKEE ATOMIC ELEC. CO. v. U.S.

Nos. 96-5021, 96-5025.

112 F.3d 1569 (1997)

YANKEE ATOMIC ELECTRIC COMPANY, Plaintiff/Cross-Appellant, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 6, 1997.

Attorney(s) appearing for the Case

Jerry Stouck, Spriggs & Hollingsworth, Washington, D.C., argued for plaintiff/cross-appellant. Of counsel on the brief were Catherine R. Baumer and David R. Lipson.

Douglas Letter, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., argued for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, and Allen L. Lear, Attorney, Commercial Litigation Branch.

Before MAYER, LOURIE, and CLEVENGER, Circuit Judges.

Opinion of the court filed by Circuit Judge CLEVENGER. Dissenting opinion filed by Circuit Judge MAYER.

CLEVENGER, Circuit Judge.

This case requires us to decide whether, in light of prior contracts specifying the price to be paid for uranium enrichment services, the Government may impose upon domestic utilities a special assessment to aid in funding the clean-up costs associated with the facilities that provided those enrichment services.

The United...

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