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CONSUMERS UNION OF U.S., INC. v. SAWHILL

No. DC-26.

525 F.2d 1068 (1975)

CONSUMERS UNION OF the UNITED STATES, INC., Plaintiff-Appellant, v. John C. SAWHILL, Administrator of the Federal Energy Administration, Defendant-Appellee, Independent Petroleum Association of America, etc., et al., Amicus Curiae, and State of Louisiana, Amicus Curiae.

Temporary Emergency Court of Appeals.

July 7, 1975.

Attorney(s) appearing for the Case

Peter H. Schuck, Washington, D. C., for plaintiff-appellant.

C. Max Vassanelli, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., Irving Jaffe, Acting Asst. Atty. Gen., and Stanley D. Rose, Atty., Dept. of Justice, were on the brief, for defendant-appellee.

James R. Patton, Jr. and David B. Robinson of Patton, Boggs & Blow, Washington, D. C., Harry E. Barsh, Jr. of Camp, Carmouche, Palmer, Carwile & Barsh, Lake Charles, La., on the brief for amicus curiae State of Louisiana.

William Simon, William R. O'Brien, Harold D. Rhynedance, Jr. of Howrey, Simon, Baker & Murchinson, Washington, D. C., on the brief, for amicus curiae Independent Petroleum Assn. of America and others.

Before TAMM, Chief Judge, and CARTER, HASTIE, ANDERSON, CHRISTENSEN, JOHNSON and HASTINGS, Judges.

TAMM, Chief Judge:

This case was previously before a division of the court, which held, with one member dissenting, that the Federal Energy Administration's (FEA) "new oil" regulation, allowing that oil to be sold without regard to the ceiling price, was invalid under the Emergency Petroleum Allocation Act (the Act). The division also held that FEA's "released oil" regulation, allowing that oil to be sold at a price determined by a formula, was valid under the Act...

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