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BASIN, INC. v. MOBIL OIL CORP.

No. 5-45.

616 F.2d 1199 (1980)

BASIN, INC., Plaintiff-Appellant, v. MOBIL OIL CORPORATION and James R. Schlesinger, Secretary of Energy, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided March 5, 1980.

Attorney(s) appearing for the Case

Cecil E. Munn, Cantey, Hanger, Gooch, Munn & Collins, Fort Worth, Tex., for plaintiff-appellant.

Donald G. Canuteson, Strasburger & Price, Dallas, Tex., with whom Leo J. Hoffman and Stuart C. Hollimon, Houston, Tex., of the same firm, and Francis A. Rowen, Jr., New York City, were on brief, for Mobil Oil Corporation, defendants-appellees.

Thomas H. Kemp, Dept. of Energy, Washington, D. C., with whom John McKenna and Nancy Crisman, Washington, D. C., of the same agency, were on brief for James R. Schlesinger, Secretary of Energy, defendants-appellees.

Before CHRISTENSEN, INGRAHAM and MORGAN, Judges.

LEWIS R. MORGAN, Judge.

In 1974 the Federal Energy Office, agency predecessor of the Department of Energy (DOE), froze all petroleum supplier-purchaser obligations in order to stabilize the domestic petroleum distribution system and protect small and independent refiners from being squeezed out of the market by the shortage. Regrettably, the freeze has adverse effects on small and new independent resellers, who are unable to expand or enter new markets. The regulations...

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