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UNITED STATES v. ARIZ. FUELS CORP.

Nos. 9-53, 9-54.

638 F.2d 239 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. ARIZONA FUELS CORPORATION, and Eugene Dalton, President, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellant, v. ARIZONA FUELS CORPORATION, and Eugene Dalton, President, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided December 24, 1980.

Attorney(s) appearing for the Case

Alan S. Novins (argued), Lobel, Novins & Lamont, Washington, D. C., with whom Martin Lobel, Washington, D. C., and Leroy Axland, Suitter, Axland & Armstrong, Salt Lake City, Utah, were on briefs for Arizona Fuels Corp. and Eugene Dalton.

Kenneth J. Barnes (argued) of the Civil Division of the Dept. of Justice, Washington, D. C., with whom Dennis G. Linder and R. John Seibert, and Alice Daniel, Asst. Atty. Gen., Washington, D. C., and Michael D. Hawkins, U. S. Atty., Phoenix, Ariz., were on briefs for the United States of America.

Before ESTES, BECKER and DUNIWAY, Judges.

DUNIWAY, Judge:

In No. 9-53 Arizona Fuels Corporation and its sole stockholder and President, Eugene Dalton, appeal from those parts of the district court's judgment that order them to comply with the Old Oil Allocation Program, 10 C.F.R. § 211.67 (Entitlements Program), to pay $941,432 plus $325,459.74 in interest for unpaid entitlements obligations, and to pay a civil penalty of $1 million.

In No. 9-54 the...

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