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STANDARD OIL CO. OF OHIO v. FEDERAL ENERGY ADMIN.

No. 6-22.

612 F.2d 1291 (1979)

The STANDARD OIL COMPANY OF OHIO, an Ohio Corporation, Plaintiff-Appellee, v. FEDERAL ENERGY ADMINISTRATION, an agency of the United States of America, Frank G. Zarb, Administrator, Federal Energy Administration, Gorman C. Smith, Acting Assistant Administrator, Operations, Regulation and Compliance, Federal Energy Administration, Melvin Goldstein, Director, Office of Exceptions and Appeals, Federal Energy Administration, Defendants-Appellants, and United States of America, Counterclaimant-Appellant.

Temporary Emergency Court of Appeals.

Decided September 13, 1979.

Rehearing and Rehearing Denied November 6, 1979.

Attorney(s) appearing for the Case

Arthur E. Gowran and C. Lee Allen, Dept. of Energy, Washington, D. C., were on brief, for defendants-appellants.

Charles F. Clarke, Squire, Sanders & Dempsey, Cleveland, Ohio, with whom B. Casey Yim and Frederick L. Fisher and George J. Dunn, Standard Oil Company, Cleveland, Ohio, were on brief, for plaintiffappellee.

Before INGRAHAM, GRANT and LACEY, Judges.

Rehearing and Rehearing En Banc Denied November 6, 1979.

LACEY, Judge.

The defendant Federal Energy Administration (FEA) appeals from a decision of the district court that a Remedial Order and an Appeal Decision and Order issued by the FEA conflicted with regulations administered by the FEA and exceeded the scope of the FEA's authority.1 We affirm.

Plaintiff Standard Oil Company...

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