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ASHLAND EXPLORATION v. FEDERAL ENERGY REGULATORY

No. 78-2063.

631 F.2d 817 (1980)

ASHLAND EXPLORATION, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Richard F. Generally, Washington, D.C., with whom John H. Burnes, Jr., Washington, D.C., was on the brief, for petitioner.

Barbara J. Weller, Atty., Federal Energy Regulatory Commission, Washington, D.C., with whom Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, Washington, D.C., was on the brief, for respondent.

Before BAZELON, Senior Circuit Judge, TAMM, Circuit Judge, and HAROLD H. GREENE, U.S. District Judge for the District of Columbia.

Opinion for the court filed by District Judge HAROLD H. GREENE.

HAROLD H. GREENE, District Judge:

This case involves yet another phase of the advance payment program initiated by the Federal Power Commission1 in 1970 which has been before this Court several times.2 The question in this case is whether advance payments "earned"3 prior to the issuance by the Commission of...

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