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CONSOLIDATED EDISON CO. OF NEW YORK v. BODMAN

Nos. 05-5089, 05-5090, 05-5223.

445 F.3d 438 (2006)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Appellants v. Samuel W. BODMAN, Secretary of Energy, United States and George B. Breznay, Director, Office of Hearings and Appeals of U.S. Department of Energy, Appellees Philip P. Kalodner, Appellant v. Public Service Electric & Gas Company, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2006.

Attorney(s) appearing for the Case

Philip P. Kalodner, appearing pro se in Nos. 05-5090 and 05-7009 and on behalf of Consolidated Edison Company of New York, Inc., et al. in Nos. 05-5089 and 05-5223, argued the cause and filed the briefs for appellants/cross-appellees.

In Nos. 05-5089, 05-5090, and 05-5223, William G. Kanter, Deputy Director, U.S. Department of Justice, argued the cause for appellees/cross-appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Edward Himmelfarb, Attorney. Stephen C. Skubel and Thomas H. Kemp, Attorneys, U.S. Department of Energy, entered appearances.

In No. 05-7009, Michael F. Healy argued the cause for appellees Public Service Electric & Gas Company, et al. With him on the brief were Thomas A. Schmutz and Brooke Clagett.

Also in No. 05-7009, David F. Smith argued the cause for appellees General Council on Finance and Administration of the United Methodist Church, et al. With him on the brief was Stanley O. Sher.

Before: SENTELLE, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

For eight years (from 1973 to 1981) the government imposed price controls on the sale of crude oil. In and since that period, it has collected refunds from the suppliers whose prices exceeded the ceilings and has distributed the proceeds to persons and firms that paid supra-ceiling prices. Indeed, the process of distributing refunds continues to this day. The statutory...

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