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TWIN CITY BARGE & TOWING CORP. v. SCHLESINGER

No. 5-34.

603 F.2d 197 (1979)

TWIN CITY BARGE & TOWING CORP. and Ventech Engineers, Inc., d/b/a Twin-Tech Oil Company, a partnership, Plaintiffs-Appellees, v. James R. SCHLESINGER, Secretary, Department of Energy, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided July 2, 1979.

Attorney(s) appearing for the Case

Jade Alice Eaton, Dept. of Energy, Washington, D.C., with whom Arthur E. Gowran, Dept. of Energy, Washington, D.C., and C. Max Vassanelli and Elizabeth Langer, Dept. of Justice, Washington, D.C., were on brief, for defendant-appellant.

Donald S. Arbour, O'Connor & Hannan, Washington, D.C., with whom Richard G. Morgan, Washington, D.C., was on brief, for plaintiffs-appellees, and Jack R. Bailey, Bailey & Black, Houston, Tex., of counsel, were on brief, for plaintiffs-appellees.

Before ESTES, JOHNSON and GEWIN, Judges.

ESTES, Judge.

Regulatory Background

The original Phase IV petroleum regulations, 6 C.F.R. § 150.351 et seq., applied to the petroleum industry on a sector-by-sector basis. Pricing regulations were imposed at four levels: producer, refiner, reseller, and retailer. The Government has generally taken the position that natural gas liquids (NGLs) derived from natural gas, rather than from crude oil, have...

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