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CITIES SERVICE CO. v. DEPARTMENT OF ENERGY

Civ. A. No. 80-203.

520 F.Supp. 1132 (1981)

CITIES SERVICE COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY and Charles W. Duncan, Jr., Secretary of Energy, Defendants.

United States District Court, D. Delaware.

August 28, 1981.

Attorney(s) appearing for the Case

William O. Lamotte, III, and William T. Allen, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiff; Rene P. Lavenant, Jr., and Sim Lake, Fulbright & Jaworski, Houston, Tex.

Joseph J. Farnan, Jr., U. S. Atty., and John X. Denney, Jr., Asst. U. S. Atty., Dept. of Justice, Wilmington, Del., Nancy C. Crisman, David A. Engels, Judith A. Mather, and Frank Massengale, Dept. of Energy, Washington, D. C., for defendants.

OPINION

MURRAY M. SCHWARTZ, District Judge.

Cities Service Company ("Cities") brought this action against the Department of Energy ("DOE") and the Secretary of Energy seeking a declaratory judgment that certain types of matching purchases and sales of crude oil, which Cities avers were accomplished for the purpose of reducing its costs of obtaining crude oil and refining it into petroleum products, were lawful transactions under DOE's crude oil allocation...

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