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FLORIDA POWER & LIGHT CO. v. U.S.

No. 99-5008.

198 F.3d 1358 (1999)

FLORIDA POWER & LIGHT COMPANY, Consolidated Edison Company of New York, Inc., Empresa Nacional Del Uranio, S.A., IES Utilities, Inc., Niagara Mohawk Power Corporation, Pennsylvania Power and Light Company and Wisconsin Electric Power Company, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Opinion Issued November 30, 1999.

Attorney(s) appearing for the Case

Alexander D. Tomaszczuk, Shaw, Pittman, Potts & Trowbridge, McLean, VA, argued for plaintiffs-appellants. With him on the brief were John H. O'Neill, Jr. and James B. Hamlin.

Theodore R. Carter, III, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General, J. Christopher Kohn, Director, and Sandra P. Spooner, Deputy Director.

Before MICHEL, CLEVENGER, and BRYSON, Circuit Judges.

Nonprecedential Opinion Issued August 25, 1999.

Precedential Opinion Issued November 30, 1999.

BRYSON, Circuit Judge.

Seven utility companies appeal the dismissal of the action they filed in the Court of Federal Claims. The dismissal order was entered on the government's motion for judgment on the pleadings. Because we conclude that the government is not entitled to judgment at this stage of the case, we reverse and remand.

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