ENERGY CONSUMERS, ETC. v. DEPT. OF ENERGY

No. 10-21.

632 F.2d 129 (1980)

ENERGY CONSUMERS AND PRODUCERS ASSOCIATION, INC., formerly Oklahoma Association of Energy Consumers and Producers, Inc., Plaintiff-Appellee, v. DEPARTMENT OF ENERGY, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided April 4, 1980.

Certiorari Denied October 6, 1980.


Attorney(s) appearing for the Case

Dina R. Lassow, Dept. of Justice, Washington, D. C., with whom Alice Daniel, Acting Asst. Atty. Gen. of the Civ. Div., Dept. of Justice, C. Max Vassanelli of the Dept. of Justice, Washington, D. C., John P. McKenna, Arthur E. Gowran and Frank W. Krogh, Dept. of Energy, Washington, D. C., were on the brief for defendant-appellant Department of Energy.

Fred A. Gipson, Seminole, Okl., with whom Richard L. Bohanon and Lynn A. Pringle of Bohanon & Barth, Oklahoma City, Okl., and Richard S. Roberts, Wewoka, Okl., were on the brief for plaintiff-appellee, Energy Consumers and Producers Ass'n, Inc., formerly Oklahoma Ass'n of Energy Consumers and Producers, Inc.

Before CHRISTENSEN, JOHNSON and BECKER, Judges.


WILLIAM H. BECKER, Judge.

On this appeal the appellant Department of Energy (DOE) assigns error in the ruling of the district court adjudging invalid Part III of Ruling 1975-12, which was issued on August 29, 1975 by the General Counsel of the Federal Energy Administration (FEA), predecessor of DOE, as an interpretative ruling, without prior public notice and opportunity to comment required by paragraphs (b) and (c) of § 553, Title 5 U.S.C., a part of the Administrative...

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