MEMORANDUM OF DECISION
WHELAN, Senior District Judge.
Plaintiff Huntway Refining Company's and defendants Department of Energy (DOE) and Donald Paul Hodel, Jr.'s cross motions for summary judgment came on regularly for hearing and were submitted on November 7, 1983. After reviewing the pleadings and memoranda of the parties, the record on file in this case, and after hearing and considering the arguments of
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