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TOSCO CORP. v. DEPARTMENT OF ENERGY

No. CIV-R-81-99-ECR.

532 F.Supp. 686 (1982)

TOSCO CORPORATION, Plaintiff, v. DEPARTMENT OF ENERGY, and James B. Edwards, Jr., Secretary of Energy, Defendants.

United States District Court, D. Nevada.

As Amended February 17, 1982.

Attorney(s) appearing for the Case

Samuel S. Lionel, F. Harvey Whittemore, Lionel, Sawyer & Collins, Reno, Nev., and Kenneth L. Bachman, Jr., Sara D. Schotland, Eugene M. Goott and Mark Duvall, Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., for plaintiff.

David Engels, Robert C. Power, Dept. of Energy, Washington, D. C., and Lamond R. Mills, U.S. Atty., Shirley Smith, Asst. U.S. Atty., Reno, Nev., for defendants.

MEMORANDUM DECISION

EDWARD C. REED, Jr., District Judge.

Cross-motions for summary judgment are before the Court. Extensive points and authorities have been filed, and oral argument has been heard, the plaintiff being represented by attorney Kenneth L. Bachman, Jr., and the defendants by attorney Kathrine L. Henry.

The plaintiff (Tosco) is a refiner and marketer of petroleum products. However, it produces no crude oil. Its Complaint relates that...

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