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METZENBAUM v. EDWARDS

Civ. A. No. 81-0405.

510 F.Supp. 609 (1981)

Howard M. METZENBAUM et al., Plaintiffs, v. James B. EDWARDS et al., Defendants.

United States District Court, District of Columbia.

March 4, 1981.

Attorney(s) appearing for the Case

Herman Schwartz, Margery F. Baker, Washington, D. C., Thomas I. Atkins, Curtis E. Rodgers, New York City, J. Francis Pohlhaus, Washington, D. C., for plaintiffs.

C. Max Vassanelli, Michael T. Scott, Vicki L. Hawkins, Kirk I. Victor, U.S. Dept. of Justice, Washington, D. C., for defendants; Thomas P. Humphrey, Larry P. Ellsworth, Robert C. Power, Judith A. Mather, U.S. Dept. of Energy, Washington, D. C., of counsel.

R. Bruce McLean, Daniel Joseph, David A. Holzworth, Stark Ritchie, Stephen Williams, Washington, D. C., for amicus curiae American Petroleum Institute.

MEMORANDUM

HAROLD H. GREENE, District Judge.

On January 28, 1981, President Reagan issued Executive Order No. 12287, lifting all remaining price and allocation controls on crude oil, gasoline, and propane, effective immediately. He cited as statutory authority for his action the Emergency Petroleum Allocation Act of 1973, as amended, 15 U.S.C. § 751 et seq. (EPAA), and he stated that the action was being taken in order to provide for "an immediate...

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