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POWERINE OIL CO. v. FEDERAL ENERGY ADMINISTRATION

No. 9-31.

536 F.2d 378 (1976)

POWERINE OIL COMPANY, Plaintiff-Appellee, v. FEDERAL ENERGY ADMINISTRATION, an agency of the United States, et al., Defendants-Appellants.

Temporary Emergency Court of Appeals of the United States.

Decided May 28, 1976.

Attorney(s) appearing for the Case

Marvin L. Coan, 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 defendants-appellants.

Thomas J. McDermott, Jr., Kadison, Pfaelzer, Woodard, Quinn & Rossi, Los Angeles, Cal., with whom Richard S. Cohen and Richard T. Williams, Los Angeles, Cal., of the same firm, were on the brief for plaintiff-appellee.

Before CARTER, CHRISTENSEN and ESTES, Judges.

ESTES, Judge.

On September 16, 1975, plaintiff, Powerine, was denied exception relief by the Federal Energy Administration (FEA) from its July and August entitlements purchase obligations arising under 10 CFR § 211.67, which required payments to be made by Powerine during the months of September and October, 1975. Following the December 22, 1975 decision and order of the FEA denying Powerine's administrative appeal, it sought declaratory and injunctive relief...

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