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UNITED REFINING CO. v. DEPARTMENT OF ENERGY

Civ. A. No. 79-144 Erie.

482 F.Supp. 1131 (1980)

UNITED REFINING COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY and Charles W. Duncan, Defendants.

United States District Court, W. D. Pennsylvania.

January 17, 1980.

Attorney(s) appearing for the Case

William L. Standish, IV, James H. Hardie, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Daniel Joseph, Warren E. Connelly, Joseph T. Casey, Jr., Betty Leach, Akin, Gump, Hauer & Feld, Washington, D. C., for plaintiff.

Alice Daniel, Asst. Atty. Gen., Civ. Div., Nancy M. Floreen, Atty., Dept. of Justice, Washington, D. C., Robert J. Cindrich, U. S. Atty. for the Western District of Pa., Pittsburgh, Pa., for defendants.

OPINION

WEBER, Chief Judge.

The plaintiff has sued for relief by declaratory judgment and injunction against certain petroleum pricing regulations established by the Department of Energy (DOE) (10 C.F.R. § 212.83(d)(1)). Its complaint basically alleges that the regulations were improperly adopted under the Administrative Procedure Act, as amended, 5 U.S.C. § 551 et seq. (1966) and the Emergency Petroleum Allocation Act, as amended, 15 U.S.C. &...

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