DUNCAN v. THEIS

No. 10-22.

613 F.2d 305 (1979)

Charles W. DUNCAN, Secretary of Energy, and the United States Department of Energy, Petitioners, v. The Honorable Frank G. THEIS, Chief Judge of the United States District Court for the District of Kansas, Respondent.

Temporary Emergency Court of Appeals.

Decided December 27, 1979.


Attorney(s) appearing for the Case

John P. McKenna, Washington, D. C., with whom Nancy C. Crisman and Haywood Torrence, Jr., Dept. of Energy, Washington, D. C., and Barbara Gordon, Dept. of Justice, Washington, D. C., were on the brief for petitioners.

Joseph W. Kennedy, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kan. (Robert I. Guenthner, Wichita, Kan., on the brief), Daniel Joseph, Akin, Gump, Hauer & Feld, Washington, D. C. (Warren E. Connelly, Washington, D. C., with him on the brief), and John E. Sparks, Brobeck, Phleger & Harrison, San. Francisco, Cal. (G. Stewart Stone, Jr., San Francisco, Cal., on the brief), with whom A. B. Conant, Jr. and Charles W. Pauly, Shank, Irwin, Conant, Williamson & Grevelle, Dallas, Tex., Richard L. Bohanon, Bohanon & Barth, Oklahoma City, Okl., Thomas Brown, Brown & Fox, Kansas City, Mo., John R. Cope and Arthur M. Meyer, Jr., Bracewell & Patterson, Washington, D. C., David J. Beck and Ronald D. Secrest, Fulbright & Jaworski, John L. Carter, Vinson & Elkins, Houston, Tex., and George G. Olsen and Forbes Maner, Williams & Jensen, P. C., Washington, D. C., were on the briefs for respondents.

Before CHRISTENSEN, BECKER and ZIRPOLI, Judges.


CHRISTENSEN, Judge.

The United States Department of Energy and the Secretary of Energy have petitioned this court for a writ of mandamus, pursuant to 28 U.S.C. § 1651 and Rule 21 of the Federal Rules of Appellate Procedure, for the purpose of directing the Honorable Frank G. Theis, Chief Judge of the United States District Court for the District of Kansas to execute the mandate of this court in accordance with its decision in Energy Reserves Group, Inc. v...

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