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  5. 712 F.2d 1384 (1983)
 

SENECA OIL CO. v. DEPARTMENT OF ENERGY

No. 10-45.

712 F.2d 1384 (1983)

SENECA OIL COMPANY, Seneca Exploration Company, Harry H. Diamond, Inc., Par Oil Company, Eason Oil Company, Ladd Petroleum Company, Southland Royalty Company, Robert L. Adair, William S. Price as Trustee for Joel S. Price, Virginia K. Price Trust, Samuel F. Wilson, Jr., Bill J. Sparks and Lou Holtz, Plaintiffs-Appellees, v. DEPARTMENT OF ENERGY and Donald P. Hodel, Secretary of Energy, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided May 18, 1983.

As Corrected June 7, 1983.

Rehearing and Rehearing Denied July 1, 1983.

Attorney(s) appearing for the Case

William J. Mutryn, Francis J. Lapallo, Barry S. Landsberg, Casson, Calligaro & Mutryn, Washington, D.C., were on briefs, for plaintiffs-appellees.

Larry Ellsworth, Mark Kreitman, Beth Mizuno, Office of the Gen. Counsel, U.S. Dept. of Energy, Washington, D.C., were on briefs, for defendants-appellants.

Before INGRAHAM, BECKER and BROWN, Judges.

Rehearing and Rehearing En Banc Denied July 1, 1983.

WILLIAM H. BECKER, Judge.

This is an appeal by the Department of Energy (DOE) and the Secretary of Energy1 from the summary judgment of the District Court which concluded that Ruling 1980-3 of the DOE, 45 Fed.Reg. 48577 (July 21, 1980), was "substantively invalid." Ruling 1980-3 was issued by the Office of General Counsel of the DOE as an interpretative ruling under 10 C.F.R...

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