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MARATHON OIL CO. v. FEDERAL ENERGY ADMINISTRATION

No. 6-11.

547 F.2d 1140 (1976)

MARATHON OIL COMPANY, Plaintiff-Appellee, v. FEDERAL ENERGY ADMINISTRATION et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided December 6, 1976.

As Amended December 8, 1976.

Rehearing Denied January 10, 1977.

Attorney(s) appearing for the Case

Scott H. Lang, Federal Energy Administration, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Stanley D. Rose, C. Max Vassanelli, Dept. of Justice, Washington, D. C., were on the brief for defendants-appellants.

John W. Hackett, Jr., Shumaker, Loop & Kendrick, Toledo, Ohio, with whom Thomas G. Pletz, David W. Wicklund, Toledo, Ohio, were on the brief for plaintiff-appellee.

J. Furman Lewis, Marathon Oil Co., Findlay, Ohio, for the plaintiff-appellee.

Before CHRISTENSEN, JAMESON and GRANT, Judges.

CHRISTENSEN, Judge.

This case presents the question of whether, absent express authority in the Emergency Petroleum Allocation Act for the regulation of credit terms as such, the Federal Energy Office, now the Federal Energy Administration (FEA),1 was precluded from requiring a continuation of normal credit practices by suppliers of petroleum products as a part of its "maintenance of normal business...

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