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BASIN, INC. v. FEDERAL ENERGY ADMINISTRATION

No. 5-14.

534 F.2d 324 (1976)

BASIN, INC., Plaintiff-Appellant, v. FEDERAL ENERGY ADMINISTRATION and Frank Zarb, Individually and as Administrator of the Federal Energy Administration, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided April 6, 1976.

As Amended April 12, 1976.

Attorney(s) appearing for the Case

Cecil E. Munn, Fort Worth, Tex., with whom H. Carter Burdette, Cantey, Hanger, Gooch, Cravens & Munn, Fort Worth, Tex., Northcutt Ely, Washington, D. C., John N. McCamish, Jr., and John D. Fisch, Matthews, Nowlin, Macfarlane & Barrett, San Antonio, Tex., were on the brief for appellant.

Bruce G. Forrest, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., and Stanley D. Rose, Atty., Dept. of Justice, Washington, D. C., were on the brief for appellees.

Before HASTIE, ANDERSON and JOHNSON, Judges.

HASTIE, Judge.

In the district court, Basin, Inc. sued Federal Energy Administration (FEA) to enjoin the enforcement of section 211.63 of the agency's regulations. Adopted in January, 1974, that section was the so-called "December 1 rule" that regulated the allocation of old domestic crude oil by freezing supplier-purchaser relations as they existed December 1, 1973.1

At a hearing on a motion for preliminary injunction, it appeared...

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