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

No. 98 Civ. 4155(WK).

45 F.Supp.2d 331 (1999)

CONSOLIDATED EDISON COMPANY OF NEW YORK, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

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

April 12, 1999.

Attorney(s) appearing for the Case

Daniel R. Murdock, Lori J. Van Auken, Winston & Strawn, New York City, for plaintiffs.

Sheila M. Gowan, United States Attorney's Office, New York City, for defendants.

OPINION & ORDER

WHITMAN KNAPP, Senior District Judge.

Plaintiffs seek declaratory and injunctive relief in challenging the constitutionality of certain provisions of the Energy Policy Act of 1992 ("EPACT"), 42 U.S.C. § 2297g, et seq. Defendants have moved, pursuant to 28 U.S.C. § 1631, for an order transferring this action to the United States Court of Federal Claims ("CFC") for consolidation with plaintiffs' claims in that court...

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