Consolidated Edison Co. v. Bodman

MEMORANDUM OPINION

COLLYER, District Judge.

Plaintiffs seek a writ in mandamus to require the Department of Energy (“DOE”) to release immediately certain money from a fund created by DOE under the Emergency Petroleum Alocation Act (“EPAA”) of 1973. DOE has distributed essentially all money from that fund except a 10% reserve that it set aside for payment of a “common fund” attorney’s fee to Plaintiffs’ attorney in the EPAA proceedings, Philip Kalodner, if such a fee is awarded by the Court. Mr. Kalodner advises that he has waived his claim to an attorney’s fee from the 10% reserve with respect…