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UNITED STATES v. PASCO PETROLEUM CO., INC.

No. 9-51.

633 F.2d 956 (1980)

UNITED STATES of America and George W. Hubbard, Audit Director, and Economic Regulatory Administration, Department of Energy, Petitioners-Appellees, v. PASCO PETROLEUM CO., INC., Respondent-Appellant.

Temporary Emergency Court of Appeals.

Decided October 16, 1980.

Attorney(s) appearing for the Case

James P. Tierney, Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, Mo., with whom Alfred R. Hupp, Jr., Kansas City, Mo., and Loren W. Counce, Jr., Snell & Wilmer, Phoenix, Ariz., were on brief, for respondent-appellant.

Paul A. Katz, Phoenix, Ariz., with whom Michael D. Hawkins, U. S. Atty. and John D. Lyons, Jr., Asst. U. S. Atty., Phoenix, Ariz., and Terry L. Anderson, Asst. Regional Counsel, U. S. Department of Energy, Los Angeles, Cal., were on brief, for petitioners-appellees.

Before INGRAHAM, ESTES and LACEY, Judges.

ESTES, Judge:

Respondent-Appellant, Pasco Petroleum Co., Inc. (Pasco), an Arizona corporation, is engaged in the marketing of gasoline and under the Department of Energy (DOE) regulations is a reseller-retailer as that term is defined in 10 CFR § 212.31. On June 29, 1978, Pasco received a Data Statement Letter (DATS Letter) from George W. Hubbard, Area Manager, Enforcement Division of Region IX of the ERA of the DOE, advising the firm that it had been selected...

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