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PASCO, INC. v. FEDERAL ENERGY ADMINISTRATION

No. 10-7.

525 F.2d 1391 (1975)

PASCO, INC., 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.

October 14, 1975.

Attorney(s) appearing for the Case

Marvin 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 appellants.

David Ginsburg, Washington, D. C., with whom Fred W. Drogula and Peter H. Rodgers, Ginsburg, Feldman & Bress, Washington, D. C., and Arlo W. Mayne, Ashland, Ky., were on the brief for the amicus curiae, Ashland Oil, Inc.

Jerry L. Shulman and Joseph Califano, Jr., Williams, Connally & Califano, Washington, D. C., Jack Speight, Hanes, Carmichael, Gage & Speight, Cheyenne, Wyo., on the brief for appellee.

Before CARTER, CHRISTENSEN and ESTES, Judges.

ESTES, Judge.

The plaintiff-appellee, Pasco, Inc., sought and obtained, in the district court, injunctive relief from enforcement of the defendants-appellants', Federal Energy Administration, et al. (FEA), Old Oil Entitlements Program, 10 C.F.R. § 211.67 (Entitlements program), 39 F.R. 42,246 (December 4, 1974), and a declaratory judgment that the Entitlements program is invalid as applied to Pasco, on the grounds that: the Entitlements program fails to exempt...

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