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AMERGEN ENERGY CO., LLC v. U.S.

No. 2014-5067.

779 F.3d 1368 (2015)

AMERGEN ENERGY COMPANY, LLC, by and through EXELON GENERATION COMPANY, LLC, Tax Matters Partner, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 11, 2015.

Attorney(s) appearing for the Case

Paul March Smith , Jenner & Block LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Terri L. Mascherin , John J. Hamill , Chicago, IL.

Arthur Thomas Catterall , Tax Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Richard Farber , Gilbert Steven Rothenberg , Tamara W. Ashford.

B. John Williams, Jr. , Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC, for amicus curiae Entergy Corporation. Also represented by David W. Foster.

Before LOURIE, MOORE, and CHEN, Circuit Judges.

AmerGen Energy Company, LLC ("AmerGen"), by and through Exelon Generation Company, LLC, appeals from the decision of the United States Court of Federal Claims (the "Claims Court") granting summary judgment that AmerGen may not include future nuclear decommissioning liabilities that it assumed when it purchased three nuclear...

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