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NATIONAL DISTILLERS, ETC. v. DEPARTMENT OF ENERGY

Civ. A. No. 79-399.

487 F.Supp. 34 (1980)

NATIONAL DISTILLERS AND CHEMICAL CORPORATION and National Hydrocarbons, Inc., Plaintiffs, v. DEPARTMENT OF ENERGY and Charles W. Duncan, Secretary of Energy, Defendants.

United States District Court, D. Delaware.

February 26, 1980.

Attorney(s) appearing for the Case

Charles F. Richards, Jr. and Stephen E. Herrmann of Richards, Layton & Finger, Wilmington, Del., Edward J. Ross and Michael A. Small of Breed, Abbott & Morgan, New York City, John P. Mathis of Baker & Botts, Washington, D. C., of counsel, for plaintiffs.

James W. Garvin, Jr., U. S. Atty., John X. Denney, Jr., Asst. U. S. Atty., Wilmington, Del., Dina R. Lassow, U. S. Dept. of Justice, Don Crockett, U. S. Dept. of Energy, Washington, D. C., of counsel, for defendants.

MEMORANDUM OPINION

LATCHUM, Chief Judge.

This is an action seeking declaratory and injunctive relief from an alleged "interpretation" by the Department of Energy ("DOE") of Subpart K of its Mandatory Petroleum Price Regulations.1 The case is presently before the Court on defendants' motion to dismiss for proper venue.2

I. Background

National Distillers and Chemical Corporation...

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