NATIONAL DISTILLERS, ETC. v. DEPT. OF ENERGY

No. 3-24.

662 F.2d 754 (1981)

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

Temporary Emergency Court of Appeals.

Decided October 9, 1981.


Attorney(s) appearing for the Case

Edward J. Ross, Breed, Abbott & Morgan, New York City, with whom Michael A. Small, New York City, of the same firm; Charles F. Richards, Jr., of Richards, Layton & Finger, Wilmington, Del., and John P. Mathis of Baker & Botts, Washington, D. C., were on the brief for plaintiffs-appellants.

Brenda G. Goranflo, Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., C. Max Vassanelli and Thomas Millet of the Dept. of Justice, Don W. Crockett of the Dept. of Energy, Washington, D. C., were on the brief for defendants-appellees.

Before GIGNOUX, BONSAL and WEIGEL, Judges.


PER CURIAM:

Plaintiffs-Appellants, National Distillers and Chemical Corporation and its wholly-owned subsidiary National Hydrocarbons, Inc. (hereinafter collectively referred to as "Distillers") appeal from the district court's order dismissing their complaint and from the district court's denial of their motion for relief from the prior order (498 F.Supp. 707 (1980)). The district court found that Distillers had not exhausted...

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