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

No. DC-115.

943 F.2d 59 (1991)

The CRUDE COMPANY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY; and James D. Watkins, in his official capacity as Secretary of Energy, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided July 5, 1991.

Rehearing and Rehearing Denied August 27, 1991.


Attorney(s) appearing for the Case

Robert L. Weinberg, Williams & Connolly, Washington, D.C., with whom William M. Wiltshire, of the same firm, and Raymond J. Batla, Jr., Hogan & Hartson, Washington, D.C., were on the brief for plaintiff-appellant.

Joseph W. Lobue, U.S. Dept. of Justice, Washington, D.C., with whom Thomas W. Millet, Dennis G. Linder, Jay B. Stevens, and Stuart M. Gerson, of the same agency, were on the brief for defendants-appellees.

Before CHRISTENSEN, DAUGHERTY and BROWN, JJ.


Rehearing and Rehearing En Banc Denied August 27, 1991.

WESLEY E. BROWN, Judge:

In this case, plaintiff-appellant The Crude Company ("TCC") asks us to determine whether the district court erred by denying TCC's motion to certify a constitutional issue to this court under Section 211(c) of the Economic Stabilization Act ("ESA"), 12 U.S.C. § 1904 note.1 Section 211(c) provides in part...

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