Atlantic Richfield Co. v. Federal Energy Administration

CHRISTENSEN, Judge.

This case and a related case, Robert W. Spinetti, et a1. v. Atlantic Richfield Compa*544ny, et al., 552 F.2d 927 (Em.App.1976), initially were consolidated for the purposes of pending appeals and jointly decided by this court without oral argument. All parties asked rehearing or clarification of our opinion with respect to the case now before us, No. 9-36. No reconsideration was sought so far as the opinion treated No. 9-35.

A rehearing was granted as to No. 9-36, additional briefs have been filed, and oral arguments have been heard. Being convinced that the consolidated opinion…