GRIGSBY v. DEPARTMENT OF ENERGY

No. 5-28.

585 F.2d 1069 (1978)

Jack W. GRIGSBY, Appellant, v. DEPARTMENT OF ENERGY, James R. Schlesinger and The United States of America, Appellees.

Temporary Emergency Court of Appeals.

Decided May 2, 1978.

On Petition for Rehearing October 5, 1978.


Attorney(s) appearing for the Case

H. H. Hillyer, Jr., New Orleans, La., with whom J. Henry Phillips III, Milling, Benson, Woodward, Hillyer & Pierson, New Orleans, La., and W. Michael Adams, Blanchard, Walker, O'Quin & Roberts, Shreveport, La., were on brief, for appellant.

Linda L. Pence, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen. and Dennis G. Linder, Dept. of Justice, Washington, D. C., were on brief, for appellees.

Arthur E. Gowran, Washington, D. C., with whom Robert G. Heiss, Dept. of Energy, Washington, D. C., and Barbara L. Ward, Washington, D. C., with whom Dennis G. Linder and Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., were on brief, for appellees.

David J. Beck, Fulbright & Jaworski, Houston, Tex., with whom Keith A. Jones and Warren Belmar, Fulbright & Jaworski, Washington, D. C., were on brief, as amici curiae for Exxon Corp., Texas Independent Producers & Royalty Owners Ass'n, and Energy Consumers & Producers Ass'n.

Rush Moody, Jr. and C. Michael Buxton, Vinson & Elkins, Washington, D. C., and Stephen H. Bard, White Plains, N. Y., of counsel, Texaco, Inc., were on the brief as amicus curiae for Texaco, Inc.

Allan Abbot Tuttle, Washington, D. C., with whom James R. Patton, Jr., Patton, Boggs & Blow, Washington, D. C., and Harry E. Barsh, Jr., Camp, Carmouche, Palmer, Carwile & Barsh, Washington, D. C., were on the brief as amicus curiae for the State of Louisiana.

Before HOFFMAN, INGRAHAM and GEWIN, Judges.


INGRAHAM, Judge.

The Federal Energy Administration (FEA) instituted this action against Jack W. Grigsby, an independent oil operator, following FEA audits on two of Grigsby's properties. The ensuing Notice of Probable Violation (NOPV) accused Grigsby of charging prices for crude oil produced from these two properties in excess of the limits set by the Emergency Petroleum Allocation Act of 1975 (Act) and its implementing regulations. The NOPV ripened into a remedial...

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