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SHELL OIL CO. v. FEDERAL ENERGY ADMINISTRATION

No. 5-13.

527 F.2d 1243 (1975)

SHELL OIL COMPANY, Plaintiff-Appellee, v. FEDERAL ENERGY ADMINISTRATION, an agency of the United States, and Frank G. Zarb, Administrator, Federal Energy Administration, Defendants-Appellants.

Temporary Emergency Court of Appeals.

November 11, 1975.

Attorney(s) appearing for the Case

Marvin L. Coan, with whom Rex E. Lee, Asst. Atty. Gen., and Stanley D. Rose, Atty., Dept. of Justice, Washington, D. C., were on the brief, for defendants-appellants.

William E. Simon, Washington, D. C., with whom William E. Wickens and Frederick S. Frei, Howrey & Simon, Washington, D. C., and William G. Winters, Jr., and Albert D. Bowers, Shell Oil Co., Houston, Tex., were on the brief, for plaintiff-appellee.

Before CHRISTENSEN, ESTES and JOHNSON, Judges.

ESTES, Judge.

Following a hearing on cross-motions for summary judgment, the United States District Court for the Southern District of Texas issued an order, August 7, 1975, which permanently enjoined the Federal Energy Administration (FEA),1 and Frank G. Zarb, Administrator, defendants-appellants, from enforcing or attempting to enforce against Shell Oil Company (Shell), plaintiff-appellee, sections 212.101-103 of the FEA's price regulations...

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