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OKC CORPORATION v. DEPARTMENT OF ENERGY

No. 5-41.

612 F.2d 555 (1979)

OKC CORPORATION, Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided December 28, 1979.

Attorney(s) appearing for the Case

Fritz-Alan Korth, Korth & Korth, Washington, D. C., and Robert L. Meyers, III, Meyers, Miller, Middleton & Weiner, Dallas, Tex. (David J. White, Meyers, Miller, Middleton & Weiner, Dallas, Tex., with them on brief), for plaintiff-appellant OKC Corporation.

Barbara L. Gordon, Atty., Civ. Div., Dept. of Justice, Washington, D. C. (Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., Kenneth J. Mighell, U. S. Atty., William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., and Dennis G. Linder and C. Max Vassanelli, Attys., Civ. Div., Dept. of Justice, Washington, D. C., with her on brief), for defendant-appellee Department of Energy.

Before CHRISTENSEN, FRANK M. JOHNSON, Jr., and BECKER, Judges.

FRANK M. JOHNSON, Jr., Judge.

OKC Corporation appeals from a summary judgment order of the United States District Court for the Northern District of Texas upholding a decision of the Federal Energy Administration.

The factual background of the controversy is not in dispute. In 1974, acting pursuant to the Emergency Petroleum Allocation Act, the Federal Energy Office issued regulations instituting a two-tiered system of crude oil pricing. The regulations put...

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