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ICG PETROLEUM, INC. v. U.S. DEPT. OF ENERGY

No. D.C. 109.

883 F.2d 80 (1989)

ICG PETROLEUM, INC. and Flying J Petroleums, Inc., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF ENERGY and John S. Herrington, Secretary of Energy, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Judgment Entered July 12, 1989.

Rehearing and Rehearing Denied August 17, 1989.

Attorney(s) appearing for the Case

Edwin Jason Dryer and Dennis A. Henigan, Foley & Lardner, Washington, D.C. were on the brief, for plaintiffs-appellants.

Thomas H. Kemp, Marc Johnston, and Stephen C. Skubel, U.S. Dept. of Energy, Office of the Gen. Counsel, Washington, D.C., were on the brief, for defendants-appellees.

Before METZNER, PECK and THORNBERRY, Judges.

Rehearing and Rehearing En Banc Denied August 17, 1989.

Submitted on the Briefs.

METZNER, Judge.

Appellants ICG Petroleum, Inc. and Flying J. Petroleums, Inc. ("ICG" and "Flying J") appeal from an order of the District Court for the District of Columbia granting appellee Department of Energy's ("DOE") motion to dismiss appellant's petition for review of the denial of an application for exceptions relief under section 504(a) of the Department of Energy...

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