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NATIONAL DISTILLERS, ETC. v. DEPT. OF ENERGY

Civ. A. No. 79-399.

498 F.Supp. 707 (1980)

NATIONAL DISTILLERS AND CHEMICAL CORPORATION and National Hydrocarbons, Inc., Plaintiffs, v. DEPARTMENT OF ENERGY and Charles W. Duncan, Secretary of Energy, Defendants.

United States District Court, D. Delaware.

September 30, 1980.

Attorney(s) appearing for the Case

Charles F. Richards, Jr., and Stephen E. Herrmann of Richards, Layton & Finger, Wilmington, Del., Edward J. Ross and Michael A. Small of Breed, Abbott & Morgan, New York City, John P. Mathis and David T. Douthwaite of Baker & Botts, Washington, D. C., of counsel, for plaintiffs.

James W. Garvin, Jr., U. S. Atty., John X. Denney, Jr., Asst. U. S. Atty., Wilmington, Del., Alice Daniel, Acting Asst. Atty. Gen., C. Max Vassanelli, Dina R. Lassow, Brenda Goranflo and Thomas W. Millet, Attys., Dept. of Justice, Don W. Crockett and Ellen Spangler, Dept. of Energy, Washington, D. C., of counsel, for defendants.

OPINION

LATCHUM, Chief Judge.

In this action, plaintiffs, National Distillers and Chemical Corporation ("Distillers") and its wholly owned subsidiary, National Hydrocarbons, Inc. ("Hydrocarbons"), seek a judicial determination that plaintiffs' pricing practices with respect to certain sales of propane and butane to Phillips Petroleum Company ("Phillips") are valid, and request that defendants, the Department of Energy ("DOE") and Charles W. Duncan, Secretary...

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