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LUKENS STEEL CO. v. KREPS

Civ. A. No. 79-1053.

482 F.Supp. 736 (1980)

LUKENS STEEL COMPANY v. Juanita M. KREPS, Secretary of Commerce, Robert T. Hall, Assistant Secretary of Commerce, and Phoenix Steel Corporation.

United States District Court, E. D. Pennsylvania.

January 7, 1980.

Attorney(s) appearing for the Case

Robert M. Landis, Dechert, Price & Rhoads, Philadelphia, Pa., for plaintiff.

Stanley D. Wright, U. S. Dept. of Justice, Washington, D. C., Robert C. Fastov, Economic Development Adm'n, U. S. Dept. of Justice, Washington, D. C., for Federal defendants.

Robert S. Ryan, Drinker, Biddle & Reath, Philadelphia, Pa., for Phoenix Steel.

OPINION

JOSEPH S. LORD, III, Chief Judge.

I. INTRODUCTION

Plaintiff, Lukens Steel Company (Lukens), has sought review under § 10 of the Administrative Procedure Act, 5 U.S.C. §§ 701-6, of the decision of the Economic Development Administration (EDA) to guarantee ninety percent (or $29,039,400) of the rental obligation to be incurred by Phoenix Steel Corporation (Phoenix) under a proposed "leveraged lease" of capital equipment...

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