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GINSBURG, FELDMAN & BRESS v. FEDERAL ENERGY, ETC.

No. 76-1759.

591 F.2d 717 (1978)

GINSBURG, FELDMAN & BRESS, Appellant, v. FEDERAL ENERGY ADMINISTRATION.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 1978.

Rehearing Granted; Judgment and Opinion of February 14, 1978, vacated.

Reheard April 6, 1978.

As Amended April 13, 1978.

Attorney(s) appearing for the Case

James Hamilton, Washington, D. C., with whom David Ginsburg and Fred W. Drogula, Washington, D. C., were on the brief, for appellant.

Michael Kimmel, Atty., Dept. of Justice, Washington, D. C., for appellee. Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Leonard Schaitman and John K. Villa, Attys., Dept. of Justice, Washington, D. C., were on the brief, for appellee.

Before BAZELON, Chief Judge and WRIGHT, McGOWAN, TAMM, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges.

Rehearing En Banc Granted; Judgment and Opinion of February 14, 1978, vacated.

Reheard En Banc April 6, 1978.

Opinion for the court filed by MacKINNON, Circuit Judge.

Dissenting opinion filed by WILKEY, Circuit Judge.

Rehearing Granted; Judgment and Opinion of February 14, 1978, vacated.

Reheard April 6, 1978.

On Rehearing En Banc, 591 F.2d 752.

MacKINNON, Circuit Judge:

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