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U. S. v. CONSOLIDATED EDISON CO. OF NEW YORK

No. 74 Civ. 3121.

452 F.Supp. 638 (1977)

UNITED STATES of America, Plaintiff, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant.

United States District Court, S. D. New York.

July 19, 1977.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y. by Charles Franklin Richter, Gary G. Cooper, Asst. U. S. Attys., New York City, for plaintiff.

Werner L. Polak, Thomas M. Geisler, Jr., Shearman & Sterling, New York City, for defendant.

OPINION AND ORDER

PIERCE, District Judge.

This is an action commenced by the United States as plaintiff pursuant to 28 U.S.C. § 1345. Plaintiff alleges that the defendant, Consolidated Edison Company of New York, Inc. ("Con Edison") entered into an oral agreement with the plaintiff to reimburse the Atomic Energy Commission ("AEC") for costs incurred in the summer of 1970 by reason of a release of 200 megawatts of electrical power. The power was released...

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