Temporary Emergency Court of Appeals, 1975

Consumers Union of the United States, Inc. v. Zarb

Consumers Union of the United States, Inc. v. Zarb
Temporary Emergency Court of Appeals · Decided September 19, 1975 · Hastie, Oosterhout, Tamm
523 F.2d 1404; 1975 U.S. App. LEXIS 12715 (Federal Reporter, Second Series)
Consumers Union of the United States, Inc. v. Zarb

Cases that cite this one

19 later published cases cite this decision. The 18 that cite it most often are listed here.

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Opinion of the Court

PER CURIAM:

The complaint in this case challenged a Federal Energy Administration interim price regulation for unleaded gasoline that was in effect only from June 1, 1974 to July 9, 1974. The district court rendered a declaratory judgment that the challenged regulation was invalid because it was imposed without such advance public notice and opportunity to comment as the Administrative Procedure Act requires. However, the court also denied the plaintiff’s prayer for relief by way of restitution. Both parties have appealed, the plaintiff from the denial of restitution, and the Federal Energy Administrator from the declaratory invalidation of the challenged order.

After examination of the briefs and the record, this court has concluded that there is no reversible error in either of the challenged provisions of the district court’s judgment.

The judgment is affirmed in its entirety-

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