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NAVAJO REFINING COMPANY v. DEPARTMENT OF ENERGY

No. 10-31.

644 F.2d 872 (1981)

NAVAJO REFINING COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF ENERGY; Charles W. Duncan, Jr., Secretary of the Department of Energy; and the United States of America, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided February 24, 1981.

Attorney(s) appearing for the Case

Raymond L. Falls, Jr., Cahill, Gordon & Reindel, New York City, with whom Thomas R. Jones and John A. Shutkin, New York City, of the same firm; Thomas W. Houghton and Richard J. Leidl, Butler, Binion, Rice, Cook & Knapp, Houston, Tex., and A. J. Losee, Losee, Carson & Dickerson, Artesia, N. M., were on brief for plaintiff-appellant.

Paul G. Wallach, Dept. of Energy, Washington, D. C., with whom Thomas A. Schweitzer, New York City, and Frank E. Massengale, were on brief for defendants-appellees.

Before BONSAL, POINTER and LACEY, Judges.

PER CURIAM.

Navajo Refining Co. ("Navajo") appeals from a decision of the United States District Court for the District of New Mexico which denied its request for a stay pending the final determination by the Department of Energy ("DOE") of its five applications for exception relief.

At the time this suit was instituted in the District Court on November 24, 1980, these five applications for exception relief were pending with the DOE and they included relief...

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