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COUNTY FUEL CO., INC. v. U.S. DEPT. OF ENERGY

No. 4-8.

829 F.2d 44 (1987)

COUNTY FUEL COMPANY, INC., Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF ENERGY, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided August 12, 1987.

Rehearing Denied September 16, 1987.

Attorney(s) appearing for the Case

Maureen M. Katz, Economic Regulatory Admin., Dept. of Energy, Washington, D.C., with whom Theodore A. Miles and Arthur S. Weissbrodt, Economic Regulatory Admin., Dept. of Energy, were on brief, for defendant-appellant.

Kevin M. McGeady, Blanton & McCleary, Towson, Md., with whom Edward L. Blanton, Jr., Blanton & McCleary, was on brief, for plaintiff-appellee.

Before HOFFMAN, METZNER and MAXWELL, Judges.

WALTER E. HOFFMAN, Judge:

The Department of Energy (DOE) appeals an order of the United States District Court for the District of Maryland granting the motion of County Fuel Company, Inc. (County) for summary judgment, denying DOE's cross-motion for summary judgment and setting aside DOE's Remedial Order against County, 644 F.Supp. 294 (D.Md. 1986). The district court found that DOE's disparate treatment of the retail sales of...

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