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CONSOLIDATED EDISON CO. OF NEW YORK v. ASHCROFT

No. 01-5107.

286 F.3d 600 (2002)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Appellants, v. John D. ASHCROFT, Attorney General of the United States and Ruth A. Harvey, Attorney, Civil Division, Department of State, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 2002.

Attorney(s) appearing for the Case

Philip P. Kalodner argued the cause and filed the briefs for appellant.

Bruce G. Forrest, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and William Kanter, Deputy Director, U.S. Department of Justice.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Following decades of oil overcharge litigation under the Economic Stabilization Act of 1970, the United States Attorney General recovered a multi-million dollar judgment on behalf of thirty-seven utilities, including the three appellants. Awarded by the United States District Court for the Southern District of Alabama, that judgment included an $800,000 surcharge payable to the Attorney...

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