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NAVAJO REFINING CO. v. U.S. DEPT. OF ENERGY

No. 10-54.

750 F.2d 966 (1984)

NAVAJO REFINING COMPANY, Plaintiff/Appellee, v. UNITED STATES DEPARTMENT OF ENERGY and Donald P. Hodel, Secretary of Energy, Defendants/Appellants.

Temporary Emergency Court of Appeals.

Decided November 28, 1984.

Attorney(s) appearing for the Case

Catherine C. Cook, Thomas C. Newkirk, David A. Engels, Thomas H. Kemp and Dennis M. Moore, U.S. Dept. of Energy, on the brief for defendants/appellants.

Sheldon Oliensis, Myron Kirschbaum and Robert B. Bernstein, Kaye, Scholer, Fierman, Hays & Handler, New York City, A.J. Losee, Losee, Carson & Dickerson, P.A., Artesia, N.M., on the brief for plaintiff/appellee.

William H. Bode, John E. Varnum, Donald W. Fowler and Thomas M. Parry, Jr., Spriggs, Bode & Hollingsworth, Washington, D.C.; O.K. Petersen and James W. Dempsey, Consumers Power Company, Jackson, Mich., on the brief for amicus curiae, Consumers Power Company.

Sara D. Schotland and Mark N. Duvall, Cleary, Gottlieb Steen & Hamilton, Washington, D.C., on the brief for amicus curiae, USA Petroleum Co.

Before DAUGHERTY, CRAIG, and McNICHOLS, Judges.

CRAIG, Judge:

This is an appeal from an order of the United States District Court for the District of New Mexico. The order granted a motion for partial summary judgment filed by plaintiff/appellee Navajo Refining Company ("Navajo") and denied a motion to dismiss filed by defendants/appellants United States Department of Energy ("DOE") and Secretary of Energy Donald P. Hodel.

The complaint filed by Navajo in this action sought injunctive, mandamus and declaratory...

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