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INDEPENDENT OIL, ETC. v. DEPARTMENT OF ENERGY

No. DC-83.

650 F.2d 1230 (1981)

INDEPENDENT OIL COMPOUNDERS ASSOCIATION, Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, Charles W. Duncan, Jr., Secretary, Department of Energy, Economic Regulatory Administration, Department of Energy, and Hazel R. Rollins, Administrator, Economic Regulatory Administration, Department of Energy, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided May 26, 1981.

Attorney(s) appearing for the Case

Carol T. Crawford, Collier, Shannon, Rill & Scott, Washington, D. C., with whom James F. Rill and William W. Scott, Washington, D. C., were on brief, for plaintiff-appellant.

Floyd I. Robinson, Office of Gen. Counsel, Dept. of Energy, Washington, D. C., with whom Larry P. Ellsworth, Deputy Asst. Gen. Counsel and Charles F. C. Ruff, U. S. Atty. and Dennis Dutterer, Asst. U. S. Atty., Washington, D. C., were on brief, for defendants-appellees.

Before LARSON, BONSAL and PECK, Judges.

BONSAL, Judge.

The Independent Oil Compounders Association ("IOCA") appeals from an order of the United States District Court for the District of Columbia denying its motion for summary judgment and granting the motion of the Department of Energy ("DOE") for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). The district court upheld a ruling of DOE that during the period from August 19, 1973 until April 2, 1974 ("the relevant period"), the petroleum-based...

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