CONSOLIDATED EDISON CO. OF NEW YORK v. O'LEARY

Nos. 96-1248, 96-1257.

117 F.3d 538 (1997)

CONSOLIDATED EDISON COMPANY OF NEW YORK, Long Island Lighting Company, Orange and Rockland Utilities, Pacific Gas and Electric Company, San Diego Gas and Electric Company, Southern California Edison Company, Champion International Corporation, Federal Paper Board Company, Inc., International Paper Company, and Weyerhauser Company, Plaintiffs-Appellants, v. Hazel R. O'LEARY, Secretary of Energy, and George B. Breznay, Director, Office of Hearings and Appeals, Department of Energy, Defendants-Appellees, and States of Alabama, California, Connecticut, Idaho, Indiana, Maryland, Michigan, Mississippi, Montana, Ohio, South Dakota, Vermont, Wisconsin, and Wyoming, Defendants-Appellees, and States of Delaware, Hawaii, Illinois, Kansas, Nebraska, Nevada, North Carolina, Rhode Island, and West Virginia, Territory of Guam and The Virgin Islands, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 15, 1997.


Attorney(s) appearing for the Case

Philip P. Kalodner, Gladwyne, PA, argued, for plaintiffs-appellants Consolidated Edison Company of New York, et al.

Thomas H. Kemp, Office of the General Counsel, U.S. Department of Energy, Washington, DC, argued, for defendants-appellees, Hazel R. O'Leary, Secretary of Energy, et al.

James F. Flug, Ingersoll and Bloch, Chartered, Washington, DC, argued, for defendants-appellees States of Alabama, et al. With him on the brief were Daniel E. Lungren, Attorney General and Yeoryios C. Apallas, Deputy Attorney General, San Francisco, CA, for defendant-appellee State of California.

Andrew P. Miller, Dickstein, Shapiro & Morin, L.L.P, Washington, DC, argued, for defendants-appellees States of Delaware, et al. With him on the brief were Alan R. Jenkins, and Bernard Nash, for defendants-appellees States of Delaware, Rhode Island, and West Virginia.

Before MICHEL, PLAGER and BRYSON, Circuit Judges.


Rehearing Denied; Suggestion for Rehearing In Banc Declined August 15, 1997.

PLAGER, Circuit Judge.

At issue in this appeal from judgments of the United States District Court for the District of Columbia1 is entitlement to a portion of some $2.9 billion recovered by the United States. The money was recovered from producers and resellers of crude oil pursuant to a statutory scheme authorizing such recoveries. See Economic...

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