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SHELL OIL CO. v. FEDERAL ENERGY ADMINISTRATION

No. 3-12.

574 F.2d 512 (1978)

SHELL OIL COMPANY, Plaintiff-Appellee, v. FEDERAL ENERGY ADMINISTRATION, an agency of the United States, and John F. O'Leary, Administrator, Federal Energy Administration, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided April 5, 1978.

Attorney(s) appearing for the Case

Peter Buscemi, with whom Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, and Scott H. Lang and Nancy C. Crisman, Dept. of Energy, Washington, D. C., of counsel, were on the brief for defendants-appellants.

William E. Wickens, Washington, D. C., with whom William Simon and Frederick S. Frei, Howrey & Simon, Washington, D. C., Richard J. Abrams, Richards, Layton & Finger, Wilmington, Del., and William G. Winters, Jr. and Albert D. Bowers, Houston, Tex., of counsel, were on the brief for plaintiff-appellee.

Before ANDERSON, BECKER and BONSAL, Judges.

BONSAL, Judge:

This is an appeal from the United States District Court for the District of Delaware. Shell Oil Company ("Shell") brought this action seeking review of a Decision and Order of the Federal Energy Administration ("FEA"), which found Shell in violation of a pricing rule for unleaded gasoline, and ordered restitution for gasoline sales overcharges. The District Court granted summary judgment to Shell on the grounds that the pricing rule (hereinafter referred...

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