Mobil Oil Corp. v. Department of Energy

JAMESON, Judge:

This is a second appeal by the Department of Energy (DOE) from the judgment of the district court holding invalid the DOE’s1 April 30, 1974, amendment to the Mandatory Petroleum Price Regulations, subpart E of Title 10 of the Code of Federal Regulations. The facts giving rise to Mobil’s challenge of the regulations were set out fully in a previous opinion. See Mobil Oil Corporation v. DOE, 610 F.2d 796 (Em. App.1979). In that opinion a panel of this court “affirmed as modified” the district court’s summary judgment, which held that (1) the amendment to the regulations was…