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PHOENIX PETROLEUM CO. v. U.S. F.E.R.C.

Nos. 95-1279, 95-1282.

95 F.3d 1555 (1996)

PHOENIX PETROLEUM COMPANY, Plaintiff-Appellant, v. UNITED STATES FEDERAL ENERGY REGULATORY COMMISSION, Department of Energy, Hazel O'Leary, Secretary of Energy and The United States, Defendants-Appellees. PETRADE INTERNATIONAL, INC., Plaintiff-Appellant, v. UNITED STATES FEDERAL ENERGY REGULATORY COMMISSION, 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 21, 1996.

Attorney(s) appearing for the Case

Bruce R. Coulombe, Andrews & Kurth L.L.P., Houston, Texas, argued for plaintiffs-appellants.

Don W. Crockett, Office of General Counsel, U.S. Department of Energy, Washington, D.C., 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.

These appeals arise from remedial orders ("ROs") issued by the Federal Energy Regulatory Commission ("FERC") and affirmed by the United States District Court for the Southern District of Texas. On November 5, 1986, the Department of Energy ("DOE") issued a RO finding that Petrade International, Inc. ("Petrade") had violated certain crude oil resale regulations...

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