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CONSUMERS UNION OF THE UNITED STATES, INC. v. ZARB

Nos. DC-32, DC-33.

523 F.2d 1404 (1975)

CONSUMERS UNION OF the UNITED STATES, INC., Plaintiff-Appellee, Cross-Appellant, v. Frank G. ZARB, Administrator of the Federal Energy Administration, Defendant-Appellant, Cross-Appellee.

Temporary Emergency Court of Appeals.

September 19, 1975.

Attorney(s) appearing for the Case

Peter H. Schuck, Washington, D.C., for Consumers Union of the United States, Inc.

Patricia N. Blair, Dept. of Justice, Washington, D.C. (with whom Rex E. Lee, Asst. Atty. Gen., and Stanley D. Rose, Atty., Dept. of Justice, were on the brief), for the Federal Energy Administration.

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

PER CURIAM:

The complaint in this case challenged a Federal Energy Administration interim price regulation for unleaded gasoline that was in effect only from June 1, 1974 to July 9, 1974. The district court rendered a declaratory judgment that the challenged regulation was invalid because it was imposed without such advance public notice and opportunity to comment as the Administrative Procedure Act requires. However, the court also denied the plaintiff's prayer for...

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