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SOUTH CENTRAL TERM. CO. v. U.S. DEPT. OF ENERGY

TECA No. 3-58.

920 F.2d 27 (1990)

SOUTH CENTRAL TERMINAL CO., INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY and James D. Watkins, as Secretary of Energy, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided October 22, 1990.

Judgment Entered October 31, 1990.

Attorney(s) appearing for the Case

David G. Wilson, Andrews & Kurth, Washington, D.C., was on the brief, for plaintiff-appellant.

Marc E. Kasischke, with whom Don W. Crockett, Judicial Litigation Div., Economic Regulatory Admin., U.S. Dept. of Energy, Washington, D.C., were on the brief, for defendants-appellees.

Before HOFFMAN, METZNER and DAUGHERTY, Judges.

METZNER, Judge:

Plaintiff, South Central Terminal Co., Inc. ("SCT"), appeals from an order of the United States District Court for the District of Delaware, granting the cross-motion of defendants, the United States Department of Energy ("DOE"), and James D. Watkins, as Secretary of Energy, for summary judgment. 728 F.Supp. 1083.

The question for review is whether the DOE's determination that a product sold by SCT was...

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