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NAT. HELIUM CORP. v. FEDERAL ENERGY ADMINISTRATION

No. 10-11.

569 F.2d 1137 (1977)

NATIONAL HELIUM CORPORATION, Plaintiff-Appellant, v. FEDERAL ENERGY ADMINISTRATION and John F. O'Leary, Administrator, Federal Energy Administration, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided December 22, 1977.

As Amended February 17, 1978.

Attorney(s) appearing for the Case

Emmett A. Blaes, Jochems, Sargent & Blaes, Wichita, Kan., and Russell L. Sohn, Kansas City, Mo., with whom Patrick F. Timmons, Jr., Houston, Tex., and G. Edward Ellison, Vinson & Elkins, Houston, Tex., of counsel, were on brief, for plaintiff-appellant.

Bruce G. Forrest, Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., and Stanley D. Rose,* Washington, D. C., were on brief, for defendants-appellees.

Before CHRISTENSEN, JAMESON and GRANT, Judges.

JAMESON, Judge:

This appeal presents the question of whether the Emergency Petroleum Allocation Act of 1973 (EPAA)1 authorizes the Federal Energy Administration (FEA) to provide for the allocation and price control of natural gasoline.2 Following a careful analysis of the nature of the products involved and applicable statutes and regulations, the district court granted...

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