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BULZAN v. ATLANTIC RICHFIELD CO.

No. 6-24.

620 F.2d 278 (1980)

George E. BULZAN, Plaintiff-Appellant, v. ATLANTIC RICHFIELD COMPANY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided April 7, 1980.

Attorney(s) appearing for the Case

Tracy R. Kirkham, Law Offices of Josef D. Cooper, P. C., San Francisco, Cal., with whom Josef D. Cooper, San Francisco, Cal. of the same firm; and Michael D. Coffey and William J. DiPalma, Coffey, Kosher & Gambol, Mentor, Ohio, were on brief, for plaintiff-appellant.

George F. Karch, Jr., Thompson, Hine & Flory, Cleveland, Ohio, was on brief, for defendant-appellee.

Before GRANT, BECKER and PECK, JJ.

PECK, Judge.

The issue involved in the present appeal is whether a party is entitled to bring a private action for treble damages and injunctive relief under section 210 of the Economic Stabilization Act (ESA), 12 U.S.C. § 1904 et seq., when the violations that underlie the action have already been the subject of a remedial order of the Federal Energy Administration (FEA; predecessor of the Department of Energy, DOE).1 We have...

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