McCULLOCH GAS PROCESSING CORP. v. DEPT. OF ENERGY

No. 10-24.

650 F.2d 1216 (1981)

McCULLOCH GAS PROCESSING CORPORATION, Plaintiff-Appellee, v. DEPARTMENT OF ENERGY, Gordon E. Singer, Area Manager for Wyoming, Region VIII, Department of Energy and the United States of America, and James R. Schlesinger, Secretary, Department of Energy, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided March 3, 1981.

As Amended on Denial of Rehearing May 12, 1981.


Attorney(s) appearing for the Case

Don W. Crockett, Dept. of Energy, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Dept. of Justice, and Sandra K. Webb, Dept. of Energy, Washington, D. C., were on brief, for defendants-appellants.

Richard D. Ahern, Richard T. Williams, Kadison, Pfaelzer, Woodward, Quinn & Rossi, Los Angeles, Cal., with whom Don G. Kircher and Franklin D. Dodge, of McCulloch Gas Processing Corp., Los Angeles, Cal., and Jack B. Speight, of Hathaway, Speight & Kunz, Cheyenne, Wyo., were on brief, for plaintiff-appellee.

Before CHRISTENSEN, JAMESON and DUNIWAY, Judges.


JAMESON, Judge.

The Department of Energy (DOE) has appealed from portions of a judgment of the district court, 498 F.Supp. 194, holding invalid certain amendments to Subpart K of the Mandatory Petroleum Price Regulations, 10 C.F.R. § 212.161 et seq., governing the passthrough of increased non-product costs by natural gas processors. The district court also remanded for further consideration two decisions of the DOE...

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