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THRIFTWAY CO. v. U.S. DEPT. OF ENERGY

No. 10-78.

867 F.2d 1577 (1989)

THRIFTWAY COMPANY, Plaintiff-Appellant, v. The UNITED STATES DEPARTMENT OF ENERGY, et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided January 31, 1989.

Attorney(s) appearing for the Case

William F. Cockrell, Jr., Law Offices of William F. Cockrell, Jr., Washington, D.C., Lawrence I. Abrams, Abrams, Westermeier, & Goldberg, P.C., Washington, D.C., were on the brief for plaintiff-appellant.

Thomas H. Kemp, Office of the Gen. Counsel, U.S. Dept. of Energy, Washington, D.C., with whom Henry A. Gill and Marc Johnston of the same office were on the brief for defendants-appellees.

Before CHRISTENSEN, WEIGEL and THORNBERRY, Judges.

WEIGEL, Judge.

Thriftway Company (Thriftway) appeals from the decision of the United States District Court for the District of New Mexico, granting summary judgment in favor of the Department of Energy (DOE) and upholding the decision of the Federal Energy Regulatory Commission (FERC). We affirm.

The decision of FERC, affirmed by the district court, upheld the ruling of the DOE's Office of Hearings and Appeals (OHA). FERC agreed that Thriftway did not qualify...

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