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XXth CENTURY HEATING, ETC. v. DEPARTMENT OF ENERGY

No. 78-3356.

618 F.2d 1 (1980)

XXth CENTURY HEATING & VENTILATING CO., Petitioner, v. The DEPARTMENT OF ENERGY et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 13, 1980.

Attorney(s) appearing for the Case

Richard E. Guster, Roetzel & Andress, George W. Rooney, Jr., Akron, Ohio, for petitioner.

Mark Kreitman, Federal Energy Administration, Charles Duncan, Jr., Secretary Dept. of Energy, Paul G. Wallach, Kathrine L. Henry, Washington, D. C., for respondents.

Before MERRITT and JONES, Circuit Judges, CECIL, Senior Circuit Judge.

MERRITT, Circuit Judge.

This proceeding for review under the Administrative Procedure Act concerns the mathematical model by which the Department of Energy requires furnace manufacturers to compute the annual fuel utilization efficiency of heat exchanger furnaces. The model involves several calculations that ultimately compare heat output with energy input. XXth Century Heating & Ventilating Company, a manufacturer of heat exchanger furnaces, has challenged the...

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