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GOODYEAR TIRE & RUBBER CO. v. DEPARTMENT OF ENERGY

No. 96-1389.

118 F.3d 1531 (1997)

GOODYEAR TIRE & RUBBER COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, Federico F. Pena, Secretary of Energy and George B. Breznay, Director, Office of Hearing and Appeals, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 26, 1997.

Attorney(s) appearing for the Case

James Baller, The Baller Law Group, P.C., Washington, DC, argued, for plaintiff-appellant. With him on the brief was Lana L. Meller.

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

Before NEWMAN, LOURIE and BRYSON, Circuit Judges.

LOURIE, Circuit Judge.

The Goodyear Tire & Rubber Company (Goodyear) appeals from the summary judgment of the United States District Court for the District of Columbia, Goodyear Tire & Rubber Co. v. Department of Energy, 942 F.Supp. 629 (D.D.C.1996), holding that (1) the Department of Energy's (DOE's) Office of Hearings and Appeals (OHA) lawfully applied its newly-adopted...

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