GINSBURG, FELDMAN BRESS v. FEDERAL ENERGY

James Hamilton, Washington, D.C., with whom David Ginsburg

Fred W. Drogula, Washington, D.C., were on the brief, for

Michael Kimmel,

,

of Justice, Washington, D.C., with whom Earl J. Silbert, U.S.

, Rex E. Lee,

, Barbara Allen Babcock,

, Leonard Schaitman

John K. Villa,

,

of Justice, Washington, D.C., were on the brief, for