MR. MAGIC CAR WASH v. DEPT. OF ENERGY

No. 3-19.

596 F.2d 1023 (1978)

MR. MAGIC CAR WASH, INC., Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided October 31, 1978.


Attorney(s) appearing for the Case

Jon Hogue, Kaufman & Harris, Pittsburgh, Pa., was on the brief for appellant.

Richard A. Sauber, Washington, D. C., with whom Dennis G. Linder and Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., were on the brief for appellee.

Before HOFFMAN, SORG, and GRANT, Judges.


GRANT, Judge.

This is an appeal from a District Court decision upholding a final Appeal Decision and Order issued April 22, 1975, by the Federal Energy Administration (FEA).1 The District Court found that the agency's Order was within the authority of the agency and was supported by substantial evidence. We affirm.

In June, 1970, Plaintiff Mr. Magic Car Wash, Inc., (Mr. Magic), an independent marketer of motor gasoline which owns...

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