Aectra Refining and Marketing Inc. v. United States

OPINION

RESTANI, Chief Judge.

Before the court is plaintiffs motion to assign this action to a three-judge panel to hear a motion for amended judgment. At present, this action is assigned to a single judge. The issue in the action is the retro-activity of a regulation. The motion for reassignment will be denied.

Pursuant to 28 U.S.C. § 255(a), “[u]pon application ..., or upon his own initiative, the chief judge ... shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a…