PETRACO-VALLEY OIL & REFINING v. U. S. DEPT. OF ENERGY

Nos. 5-47, 5-48.

633 F.2d 184 (1980)

PETRACO-VALLEY OIL & REFINING CO., Applicant, v. UNITED STATES DEPARTMENT OF ENERGY, Respondent. PETRACO-VALLEY OIL & REFINING CO., Appellant, v. UNITED STATES DEPARTMENT OF ENERGY, Appellee.

Temporary Emergency Court of Appeals.

Decided May 7, 1980.


Attorney(s) appearing for the Case

Robert L. Ketchand, Butler, Binion, Rice, Cook & Knapp, Houston, Tex., with whom Thomas W. Houghton, Rueben C. Casarez, Nancy Leighton and William N. Blanton, III, Houston, Tex., were on brief for applicant-appellant Petraco-Valley Oil & Refining Co.

Mark Kreitman, Dept. of Energy, Washington, D. C., with whom Nancy C. Crisman and Thomas P. Humphrey, Washington, D. C., were on the brief for respondent-appellee Department of Energy.

Before INGRAHAM, ESTES and BECKER, Judges.


WILLIAM H. BECKER, Judge.

In No. 5-47, Petraco-Valley Oil & Refining Co. (Petraco) filed in this Court an original application for a temporary "stay", and for preliminary and permanent injunctions to prevent the United States Department of Energy (DOE) from enforcing an "alleged obligation" of Petraco to purchase 211,750 entitlements for September 1979. DOE opposes this application. On February 4, 1980, before hearing...

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