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MULLINS v. U.S. DEPARTMENT OF ENERGY

93-1424.

50 F.3d 990 (1995)

Robert C. MULLINS, d/b/a Clinton Texaco, Edward D. Stokes, d/b/a Ed's Skyline Texaco, Frank Stone, d/b/a Frank Stone & Sons and Rudy Thomas, d/b/a Rudy's Texaco Service, Plaintiffs-Appellants, v. The UNITED STATES DEPARTMENT OF ENERGY, Hazel R. O'Leary, Secretary of Energy, Office of Hearings and Appeals, George B. Breznay, Director, Office of Hearing and Appeals, Economic Regulatory Administration, Paul M. Geier, Secretary, Economic Regulatory Administration, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 8, 1995.

Attorney(s) appearing for the Case

Len W. Ogden, Jr., The Sinnott House, Paducah, KY, argued, for plaintiffs-appellants.

Don W. Crockett, Judicial Litigation Div., Economic Regulatory Admin., U.S. Dept. of Energy, Washington, DC, argued, for defendants-appellees.

Before ARCHER, Chief Judge, PLAGER and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined June 8, 1995.

Opinion for the court filed by Circuit Judge PLAGER. Dissenting opinion filed by Chief Judge ARCHER.

PLAGER, Circuit Judge.

Plaintiffs, owners of Texaco service stations, sought a declaratory judgment that the Department of Energy ("Agency") erred in its implementation of special refund procedures for the disbursement of some $1.2 billion that the Agency secured from Texaco,...

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