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SOUTHLAND OIL CO. v. DEPARTMENT OF ENERGY

No. DC-55.

601 F.2d 1187 (1979)

SOUTHLAND OIL COMPANY (A Division of VGS Corporation), Plaintiff-Appellant, v. DEPARTMENT OF ENERGY et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided June 29, 1979.

Rehearing Denied August 2, 1979.

Attorney(s) appearing for the Case

Edwin Jason Dryer, Washington, D.C., on brief, for plaintiff-appellant.

Maryann Clifford, Dept. of Justice, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., C. Max Vassanelli and Stephanie Lachman Golden, Washington, D.C., on brief, for defendants-appellees.

Before BECKER, BONSAL and LACEY, Judges.

BONSAL, Judge:

Southland Oil Company ("Southland") appeals from an order of the United States District Court for the District of Columbia granting summary judgment to the Department of Energy ("DOE"). Southland is a small independent refiner operating three refineries in Mississippi with a combined capacity of approximately 21,000 barrels per day. In 1973, Southland completed a five-year expansion of its refinery capacity. Since its daily output is less than 175,000...

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