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PACIFIC REFINING CO. v. DEPARTMENT OF ENERGY

Civ. A. No. 78-60.

455 F.Supp. 1091 (1978)

PACIFIC REFINING CO., and Coastal States Gas Corp., Plaintiffs, v. DEPARTMENT OF ENERGY and James R. Schlesinger, Defendants.

United States District Court, D. Delaware.

August 16, 1978.

Attorney(s) appearing for the Case

William O. LaMotte, III, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiffs; Keith A. Jones and Mary Carolyn Cox, Fulbright & Jaworski, Washington, D. C., of counsel.

John X. Denney, Jr., Asst. U. S. Atty., Dept. of Justice, Wilmington, Del., Barbara Allen Babcock, Dennis G. Linder, and Elizabeth Langer, Dept. of Justice, Robert G. Heiss, and C. Lee Allen, Dept. of Energy, Washington, D. C., for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

This case presents the issue whether a substantial question exists under one of the more obscure provisions of the Constitution, art. I, § 9, cl. 6, the Port Preference Clause. If so, this Court should certify the question for decision by the Temporary Emergency Court of Appeals ("TECA") before resolving the remaining issues in the case. Economic Stabilization Act of 1970, § 211(c), 84 Stat. 799, as...

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