GULF OIL CORP. v. UNITED STATES DEPT. OF ENERGY

No. DC-81.

639 F.2d 766 (1981)

GULF OIL CORPORATION, Atlantic Richfield Company, and Chevron U.S.A., Inc., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF ENERGY et al., Defendants-Appellants. UNITED STATES DEPARTMENT OF ENERGY et al., Defendants-Petitioners, v. Honorable Gerhard A. GESELL, Judge of the United States District Court for the District of Columbia, Respondent.

Temporary Emergency Court of Appeals.

Decided January 5, 1981.


Attorney(s) appearing for the Case

Michael T. Scott, Dept. of Justice, Washington, D.C., with whom Alice Daniel, Asst. Atty. Gen., Dennis G. Linder, C. Max Vassanelli, and Surell Brady, Dept. of Justice, Nancy C. Crisman and Frank W. Krogh, Dept. of Energy, Washington, D.C., were on briefs for defendants-appellants.

Donald B. Craven, of Miller & Chevalier, Washington, D.C., with whom Mark L. Evans, Craig D. Miller, and James P. Tuite, Richard H. Porter, David L. Roll, Steven H. Brose, Samuel T. Perkins, and Beverly Purdue, of Steptoe & Johnson, Roland W. Selman and Nina H. Questal, of Pillsbury, Madison & Sutro, Washington, D.C., Wallace L. Kaapcke, Gary H. Anderson, and John N. Dahlberg, of Pillsbury, Madison & Sutro, San Francisco, Cal., Robert F. Ochs, A. Paul Brandimarte, Jr., and Charles O. Murray, III, of Gulf Oil Corporation, Houston, Tex., Richard C. Morse, of Atlantic Richfield Company, Los Angeles, Cal., and Kenneth R. Dickerson, of Atlantic Richfield Company, Dallas, Tex., were on brief, for plaintiffs-appellees.

Before HOFFMAN, GIGNOUX and METZNER, Judges.


ORDER

We do not reach the merits of this appeal from the interlocutory order of the district court directing the Secretary of Energy to appoint an independent administrative law judge for the sole purpose of supervising the necessary discovery proceedings in the then pending administrative hearing before the Office of Hearings and Appeals (OHA), which the plaintiffs-appellees claimed, in the district court, had been tainted by the destruction of documents and certain...

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