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CONSOLIDATED EDISON CO. v. O'LEARY

No. Civ.A. 96-2710(HHK).

27 F.Supp.2d 26 (1998)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Plaintiffs, v. Hazel O'LEARY, et al., Defendants.

United States District Court, District of Columbia.

November 13, 1998.

Attorney(s) appearing for the Case

Philip P. Kalodner, Gladwyne, PA, for plaintiff.

Thomas H. Kemp, Stephen C. Skubel, United States Department of Energy Office of the General Counsel, Washington, D.C., for defendant.

Beverly J. Rudy, Jacob Dweck, Sutherland, Asbill & Brennan, Washington, D.C., for intervenors.

MEMORANDUM

KENNEDY, District Judge.

This case concerns a challenge to an October 10, 1996, decision of the Department of Energy's Office of Hearings and Appeals ("OHA") that awarded refunds totaling $1,746,845 to five refiner-cooperatives. A refiner-cooperative is a marketing association comprised of smaller petroleum refining operations, some or all of which may also be end users of refined petroleum products. The OHA refund award at issue in this case...

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