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DELTA REFINING CO. v. FEDERAL ENERGY ADMIN.

No. 76-2267.

559 F.2d 1190 (1977)

DELTA REFINING COMPANY, Plaintiff-Appellant and Cross-Appellee, v. FEDERAL ENERGY ADMINISTRATION et al., Defendants-Appellees and Cross-Appellant.

Temporary Emergency Court of Appeals.

Decided July 19, 1977.

Attorney(s) appearing for the Case

Gerald M. Stern, Rogovin, Stern & Huge, Washington, D. C., with whom George T. Frampton, Jr., Washington, D. C., was on the brief for appellant.

Marvin L. Coan, Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., and Stanley D. Rose, Washington, D. C., were on the brief for appellees.

Before CHRISTENSEN, JAMESON and GRANT, Judges.

GRANT, Judge.

These consolidated appeals arising from a single district court judgment present two issues for review:

DC-44. Whether the district court erred in holding that the Federal Energy Administration (FEA) acted within its statutory and regulatory authority in conducting a 1975 year-end review and adjustment of exception relief from the Entitlements Program (10 C.F.R. § 211.67) which had previously been granted Delta Refining Company (Delta);...

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