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ATLANTA GAS LIGHT CO. v. U. S. DEPT. OF ENERGY

Nos. 79-2568, 79-3237, 80-1573, 80-7491 and 80-7528.

666 F.2d 1359 (1982)

ATLANTA GAS LIGHT COMPANY, Petitioner, v. U. S. DEPARTMENT OF ENERGY, James B. Edwards, Secretary of Energy, Economic Regulatory Administration, Hazel Rollins, Administrator, Respondent. ENTEX, INC., Petitioner, v. U. S. DEPARTMENT OF ENERGY, ECONOMIC REGULATORY ADMINISTRATION, Respondent. LACLEDE GAS COMPANY, Petitioner, v. U. S. DEPARTMENT OF ENERGY, James B. Edwards, Secretary of Energy, Economic Regulatory Administration, Hazel Rollins, Administrator, Respondent. AMERICAN GAS ASSOCIATION, Petitioner, v. U. S. DEPARTMENT OF ENERGY, James B. Edwards, Secretary of Energy, Economic Regulatory Administration, Hazel Rollins, Administrator, Respondent.

United States Court of Appeals, Eleventh Circuit.

February 1, 1982.

Attorney(s) appearing for the Case

Morgan, Lewis & Brockius, John E. Holtzinger, Jr., Karol Lyn Newman, Irvin N. Shapell, Washington, D. C., for Atlanta Gas Light Co.

Patrick J. Keeley, Michael J. Manning, John M. Simpson, Fulbright & Jaworski, Washington, D. C., for Entex, Inc.

John A. Myler, Asst. Gen. Counsel, Arlington, Va., for American Gas Assn.

Bryan, Cave, McPheeters & McRoberts, James J. Murphy, Washington, D. C., for Laclede Gas Assn.

John L. Gurney, Paul C. Wallach, Marya Rowan, Lynn R. Coleman, Russell L. Weaver, Thomas H. Kemp, Anne S. Almy, Peter M. Shane, Dept. of Energy, Margaret A. Weeks, Kathryn A. Oberly, Bingham Kennedy, Dept. of Justice, Washington, D. C., for respondent.

Before TUTTLE, HATCHETT and ANDERSON, Circuit Judges:

TUTTLE, Circuit Judge:

This case arises out of a pre-enforcement challenge to the constitutionality of several provisions of the Power Plant and Industrial Fuel Use Act of 1978 (Fuel Use Act or Act), 42 U.S.C.A. § 8301, et seq. (1981), as amended by Omnibus Budget Reconciliation Act of 1981, Pub.L. No. 97-35, 95 Stat. 617 (1981). Additionally the petitioners attack the constitutionality of the regulations promulgated by the Secretary of Energy pursuant...

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