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UPG, INC. v. EDWARDS

No. 10-27.

647 F.2d 147 (1981)

UPG, INC., Plaintiff-Appellant, v. James EDWARDS, Secretary of the Department of Energy, and Lynn R. Coleman, General Counsel of the Department of Energy, Defendants-Appellees, Rodgers Hydrocarbon Corporation, Amicus Curiae.

Temporary Emergency Court of Appeals.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Richard G. Morgan, O'Connor & Hannan, Washington, D. C., with whom Terence P. Boyle and Martha Priddy Patterson, Washington, D. C., (Dean Wallace, Frank J. Duffy and Michael P. Moran, Omaha, Neb., of counsel), were on brief, for plaintiff-appellant.

Don W. Crockett, Dept. of Energy, Washington, D. C., with whom Courtney M. Price, and Alice Daniel, Asst. Atty. Gen., Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for defendants-appellees.

Before CHRISTENSEN, INGRAHAM and BECKER, Judges.

CHRISTENSEN, Judge.

Presented to us on this appeal is the question of whether certain hydrocarbons occurring in natural gas pipelines, which the parties refer to respectively as "pipeline residue" and "condensate," should be treated for pricing purposes1 as "crude oil" defined by 10 C.F.R. § 212.31.2 In the context of facts submitted to the Federal Energy Administration...

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