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SUN OIL CO. OF PA. v. FEDERAL ENERGY ADMIN.

No. 5-27.

572 F.2d 867 (1978)

SUN OIL COMPANY OF PENNSYLVANIA, Plaintiff-Appellant, v. FEDERAL ENERGY ADMINISTRATION and Frank G. Zarb, Administrator, FEA and N. Allen Anderson, Regional Administrator, Federal Energy Administration, Region V, Defendants-Appellees, and Oskey Gasoline and Oil Company, Intervenor-Appellee.

Temporary Emergency Court of Appeals.

Decided March 21, 1978.

Attorney(s) appearing for the Case

Jon A. Baughman, Pepper, Hamilton & Scheetz, Philadelphia, Pa., with whom Amelia H. Boss, Philadelphia, Pa., of the same firm and David Bland, Barrow, Bland & Rehmet, Houston, Tex., and Dean H. Hasseman, Philadelphia, Pa., Sun Oil Co. of Pennsylvania, were on the brief for plaintiff-appellant.

John Hanson, Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen. and Dennis G. Linder, Marvin L. Coan, Washington, D. C., were on the brief for defendants-appellees.

Robert A. Schwartzbauer, Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., with whom George Eck, Minneapolis, Minn. of the same firm, was on the brief for intervenor-appellee.

Before HOFFMAN, INGRAHAM and GEWIN, JJ.

GEWIN, Judge:

This appeal follows a series of Federal Energy Administration (FEA) and district court orders arising from a request by Oskey Gasoline & Oil Co. (Oskey), the intervenor-appellee, for termination of its relationships with its base period suppliers and the assignment of new, permanent suppliers. We vacate the stay order below and remand the case for a determination of Sun's claims on the merits.

We briefly summarize the history of the case...

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