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UNION ELEC. CO. v. U.S.

No. 03-5096.

363 F.3d 1292 (2004)

UNION ELECTRIC COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 2, 2004.

Attorney(s) appearing for the Case

Jonathan S. Martel, Arnold & Porter, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Howard N. Cayne.

James G. Bruen, Jr., Special Litigation Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; and J. Christopher Kohn, Director. Of counsel on the brief was Marc E. Kasischke, Attorney, Office of General Counsel, United States Department of Energy, of Washington, DC.

Before CLEVENGER, RADER and DYK, Circuit Judges.

DYK, Circuit Judge.

This case presents, once again, questions concerning the constitutionality of the Energy Policy Act of 1992, Pub.L. No. 102-486, 106 Stat. 2776 (codified as amended in various sections of 42 U.S.C.) ("EPACT"). EPACT imposes special monetary assessments on domestic utility companies that have purchased government-enriched uranium for the purpose of commercial electricity generation, 42 U.S.C. § 2297g-1(c) (2000). In three previous decisions...

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