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UNITED REFINING COMPANY v. DEPARTMENT OF ENERGY

Civ. A. No. 79-144 ERIE.

585 F.Supp. 626 (1984)

UNITED REFINING COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY and Donald P. Hodel, Secretary of Energy, Defendants.

United States District Court, W.D. Pennsylvania.

May 31, 1984.

Attorney(s) appearing for the Case

J. Tomlinson Fort, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Joseph T. Casey, Akin, Gump, Hauer & Field, Washington, D.C., for plaintiff.

Floyd I. Robinson and David A. Engels, Dept. of Energy, Washington, D.C., for defendants.

MEMORANDUM OPINION

WEBER, District Judge.

Plaintiff in this action challenges the procedure and substantive validity of the "deemed recovery rule" promulgated on September 1, 1974. Based on recent developments in the Temporary Emergency Court of Appeals (TECA), DOE now moves for summary judgment on all claims. Plaintiff has responded with a motion to dismiss its complaint without prejudice, suggesting a possible alternative in administrative proceedings...

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