HUSKY OIL CO. v. DEPARTMENT OF ENERGY

No. 10-18.

582 F.2d 644 (1978)

HUSKY OIL COMPANY, Plaintiff-Appellee, v. DEPARTMENT OF ENERGY and James R. Schlesinger, Secretary of Energy, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided August 10, 1978.


Attorney(s) appearing for the Case

Nancy C. Crisman, Dept. of Energy, Washington, D. C., with whom Robert G. Heiss and C. Lee Allen, Office of Gen. Counsel, Reg. Lit. Div., Dept. of Energy, Washington, D. C., were on the brief for defendants-appellants.

David H. Lloyd, Arnold & Porter, Washington, D. C., with whom Jeffrey A. Burt and Michael T. Scott, Washington, D. C., of the same firm, and Karl F. Anuta, Denver, Colo., of counsel, were on the brief for plaintiff-appellee.

Before INGRAHAM, ESTES, and ZIRPOLI, Judges.


ESTES, Judge.

The Federal Energy Administration1 promulgated the Old Oil Allocation Program, or Entitlements Program, 10 CFR § 211.67, in order to correct disparities in the allocation and pricing of lower tier oil caused by the domestic crude oil two-tier pricing system originally established by the Cost of Living Council as part of Phase IV of the Economic Stabilization Program, held valid and explained by this court in Consumers...

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