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CONSOLIDATED EDISON CO. v. HERRINGTON

Civ. Nos. 87-2717 (HHG), 88-0911 (HHG) and 88-1339 (HHG).

752 F.Supp. 1082 (1990)

CONSOLIDATED EDISON CO. et al., Plaintiffs, v. John S. HERRINGTON, Secretary of Energy et al., Defendants.

United States District Court, District of Columbia.

May 14, 1990.

Attorney(s) appearing for the Case

Philip P. Kalodner, Washington, D.C., and Philadelphia, Pa., for plaintiffs.

Stephen C. Skubel, Office of the General Counsel, U.S. Dept. of Energy, Washington, D.C., for defendants.

Bernard Nash, Edward G. Modell, Eileen P. Shannon, Nash, Railsback & Plesser, Washington, D.C., for Hawaii, Illinois, Kansas, Nebraska, Nevada North Carolina, Guam, and the Virgin Islands.

Andrew P. Miller, Milton B. Whitfield, J. Bradley Ortins, Dickstein, Shapiro & Morin, Washington, D.C., for Delaware, Iowa, Louisiana, North Dakota, Rhode Island, and West Virginia.

James F. Flug, Paula Dinerstein, Lobel, Novins, Lamont & Flug, Washington, D.C., for Alabama, California, Connecticut, Idaho, Indiana, Maryland, Michigan, Mississippi, Montana, Ohio, South Dakota, Vermont, Wisconsin, and Wyoming.

Dave Frohnmayer, Atty. Gen., Donald C. Arnold, Chief Counsel, Dept. of Justice, Salem, Or., for State of Or.

MEMORANDUM AND ORDER

HAROLD H. GREENE, District Judge.

Before the Court are defendants' motions to dismiss three consolidated cases, each asserting an interest in a Department of Energy escrow fund created as a result of the DOE's settlement of crude oil price control overcharges. The plaintiffs, manufacturers and utilities with claims upon the escrow, seek declaratory and injunctive relief based upon the possibility that there may be insufficient funds...

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