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  5. 846 F.2d 756 (1988)
 

IN RE DEPT. OF ENERGY STRIPPER WELL EXEMPTION LIT.

No. 10-77.

846 F.2d 756 (1988)

In re DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION. The HERTZ CORPORATION, Appellant, v. ADMINISTRATOR, INDEPENDENT RETAILERS OF MOTOR FUELS GROUP, and United States Department of Energy, Appellees.

Temporary Emergency Court of Appeals.

March 22, 1988.

Attorney(s) appearing for the Case

Edward J. Tolchin and John H. Zentay, Ginsburg, Feldman and Bress, Washington, D.C., were on the brief, for appellant.

Stephen C. Skubel, with whom Marc Johnston, Office of Gen. Counsel, Dept. of Energy, Washington, D.C., and Theodore A. Miles, Floyd I. Robinson and Edward Levy, Economic Regulatory Adm'n, Dept. of Energy, Washington, D.C., were on the brief for appellees U.S. Dept. of Energy and John S. Herrington, Secretary of Energy.

Leland E. Beck and Jerry S. Cohen, Cohen, Milstein, and Hausfeld, Washington, D.C., were on the brief, for appellee, Adm'r, Independent Retailers of Motor Fuels Group.

Before GRANT, METZNER and PECK, JJ.

GRANT, Judge.

The Hertz Corporation (Hertz), Appellant, has appealed the district court's Order of July 23, 1987, denying Hertz's motion to intervene in M.D.L. 378 and petition for specific relief. A motion to dismiss the appeal or for expedited consideration of the merits was filed by Appellees, the United States Department of Energy and the Administrator of the Independent Retailers of Motor Fuels Group. On January 19, 1988, this case was placed on the summary calendar...

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