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GETTY OIL CO. v. DEPARTMENT OF ENERGY

No. 10-14.

581 F.2d 838 (1978)

GETTY OIL COMPANY, Appellant, v. DEPARTMENT OF ENERGY, and James R. Schlesinger, Secretary of Energy, Appellees.

Temporary Emergency Court of Appeals.

Decided July 18, 1978.

Attorney(s) appearing for the Case

William E. Wickens, Washington, D. C., with whom William Simon and Frederick S. Frei, Howrey & Simon, Washington, D. C., Richard J. Dent, Tulsa, Okl., and Kathleen A. O'Connor, Los Angeles, Cal., of counsel, were on the brief for appellant.

Mary Ann Clifford, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., and Dennis G. Linder, Dept. of Justice, Washington, D. C., were on the brief for appellees.

Before BECKER, CARTER and ZIRPOLI, Judge.

BECKER, Judge:

The writing of this opinion was reassigned after the original assignment.

This is an appeal from a final summary judgment granted on motion of the appellees, defendants in the action in the United States District Court for the Northern District of Oklahoma. When the motion of appellees for summary judgment was granted, an order was entered denying the contemporaneous motion of appellant for summary judgment. The findings of fact and conclusions...

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