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GRACE PETROLEUM CORP. v. DEPARTMENT OF ENERGY

No. CIV-78-0672-E.

456 F.Supp. 945 (1978)

GRACE PETROLEUM CORPORATION, Plaintiff, v. DEPARTMENT OF ENERGY, James R. Schlesinger, Secretary of Energy, David J. Bardin, Administrator, Economic Regulatory Administration, Sun Oil Company of Pennsylvania, and Kerr-McGee Refining Corporation, Defendants.

United States District Court, W. D. Oklahoma.

August 31, 1978.

Attorney(s) appearing for the Case

Philip D. Hart, Terry R. Barrett, C. David Stinson of McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, Okl., for plaintiff.

Larry D. Patton, U. S. Atty., and Ronny D. Pyle, Asst. U. S. Atty., Oklahoma City, Okl., for defendants Dept. of Energy, James R. Schlesinger and David J. Bardin.

Mary Lynn Sebek, Dept. of Justice, Civ. Div., Economic Litigation Section, Washington, D. C., for defendant Secretary of Energy.

C. Steven LeBaron, Philadelphia, Pa., for defendant Sun Oil Co. of Pa.

Richard Guy Harris and Richard F. Campbell, III, Kerr-McGee Corp., Oklahoma City, Okl., for defendant Kerr-McGee Refining Corp.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

EUBANKS, District Judge.

INTRODUCTION

On June 29, 1978, plaintiff filed a complaint in which it challenged the validity of Ruling 1974-29 and sought a declaration that the Ruling or its underlying regulation, 10 C.F.R. § 212.54, is null and void, and preliminary and permanent injunctive relief against the enforcement of the stripper well regulation as interpreted by the Ruling. On June 30, 1978, while...

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