Legal Opinion

Consolidated Edison Company of New York, Inc. v. United States

Court of Appeals for the Second Circuit

Decided July 25, 2000No. 1999Published

1Opinion of the Court

221 F.3d 364 (2nd Cir. 2000)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff-Appellant,

v.

UNITED STATES OF AMERICA, Defendant-Appellee.

No. 1350, Docket 99-6186

August Term, 1999

UNITED STATES COURT OF APPEALS

SECOND CIRCUIT

Argued March 24, 2000

Decided July 25, 2000

Consolidated Edison Company appeals from the judgment of the United States District Court for the Southern District of New York (Mukasey, J.), granting summary judgment in favor of the United States in a suit for refund of a penalty for unlawful possession and use of nontaxable diesel fuel.

Vacated and remanded.

FRANK AGOSTINO,…

Also in this document: Dissent.

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  4. Bettye A. Sanders v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  5. Patricia A. Price v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1989

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