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ELLIOTT v. U.S. F.E.R.C.

No. 95-1361.

95 F.3d 1121 (1996)

Paul C. ELLIOTT, Plaintiff-Appellant, v. UNITED STATES FEDERAL ENERGY REGULATORY COMMISSION, Hazel O'Leary, Secretary of Energy, and United States Department of Energy, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined November 21, 1996.

Attorney(s) appearing for the Case

Lawrence I. Abrams, Bethesda, Maryland, argued for plaintiff-appellant. With him on the brief was Paul R. Elliott, Baker & Botts, L.L.P., Houston, Texas.

Don W. Crockett, Office of General Counsel, U.S. Department of Energy, Washington, DC, argued for defendants-appellees.

Before NEWMAN, MICHEL, and SCHALL, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined November 21, 1996.

SCHALL, Circuit Judge.

Paul C. Elliott appeals from the final judgment of the United States District Court for the Southern District of Texas, Paul C. Elliott v. Department of Energy, No. H-94-1736 (S.D.Tex. Mar. 20, 1995), affirming a remedial order ("RO") of the Federal Energy Regulatory Commission ("FERC" or "Commission"), Concord Petroleum Corp., 66 FERC (CCH)...

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