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HOUSTON OIL AND REFINING, INC. v. U.S. F.E.R.C.

No. 95-1354.

95 F.3d 1126 (1996)

HOUSTON OIL & REFINING, INC. and Joseph A. Imparato, Plaintiffs-Appellants, v. UNITED STATES FEDERAL ENERGY REGULATORY COMMISSION, United States Department of Energy, Hazel O'Leary, Secretary of Energy, and The United States, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined November 18, 1996.

Attorney(s) appearing for the Case

Marvin C. Moos, Keck, Mahin & Cate, Houston, Texas, argued for plaintiffs-appellants. With him on the brief was Grant Cook, Brown, Parker & Leahy, L.L.P.

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 18, 1996.

SCHALL, Circuit Judge.

This appeal arises from a remedial order ("RO") issued by the Federal Energy Regulatory Commission ("FERC") and affirmed by the United States District Court for the Southern District of Texas. On April 29, 1988, the Department of Energy ("DOE") issued a RO (i) finding that Houston Oil and Refining, Inc. ("Houston") had violated 10 C.F.R. § 212.186 (1980...

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