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NATIONAL PETROLEUM REFINERS ASSOCIATION v. DUNLOP

No. DC-16.

486 F.2d 1388 (1973)

NATIONAL PETROLEUM REFINERS ASSOCIATION et al., Plaintiffs-Appellants, v. John T. DUNLOP, Director, President's Cost of Living Council, et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

October 23, 1973.

Attorney(s) appearing for the Case

William Simon, Howrey, Simon, Baker & Murchison, Washington, D. C. (Alan Wiseman, Washington, D. C., on the brief), for plaintiffs-appellants.

William C. White, Atty., U. S. Dept. of Justice (Irving Jaffe, Acting Asst. Atty. Gen., William E. Nelson and John N. Hanson, Attys., Dept. of Justice, Washington, D. C., on the brief), for defendants-appellees.

Before TAMM, Chief Judge, and VAN OOSTERHOUT and HASTINGS, Judges.

HASTINGS, Judge.

This case, involving challenges to certain Cost of Living Council (CLC) Phase IV petroleum regulations, is before us on certification from the district court pursuant to § 211(c) of the Economic Stabilization Act of 1970, as amended. Section 211(c) requires such certification where "substantial constitutional issues" are raised in suits brought under the Act.1

Plaintiffs have strenuously argued, both here...

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