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SAUDER v. DEPARTMENT OF ENERGY

No. 10-25.

648 F.2d 1341 (1981)

Earl W. SAUDER, Plaintiff-Appellant, v. DEPARTMENT OF ENERGY and Charles W. Duncan, Jr., Secretary of Energy, Defendants-Appellees, and United States of America, Counterclaimant-Appellee.

Temporary Emergency Court of Appeals.

Decided April 24, 1981.

Attorney(s) appearing for the Case

Arthur M. Meyer, Jr. and Thomas F. Holt, Jr., Washington, D. C., argued, John R. Cope and Darci L. Rock of Bracewell & Patterson, Washington, D. C., for plaintiff-appellant.

Barbara L. Ward, Washington, D. C., argued, Alice Daniel, Asst. Atty. Gen., Dennis G. Linder, C. Max Vassanelli and Stuart A. Licht, Dept. of Justice, Larry Ellsworth and Daniel Shea, Washington, D. C., Dept. of Energy, for defendants-appellees.

David J. Beck and Ronald D. Secrest of Fulbright & Jaworski, Houston, Tex., for amici curiae.

Before CHRISTENSEN, DUNIWAY and ZIRPOLI, Judges.

DUNIWAY, Judge:

Earl W. Sauder appeals from the district court's ruling that he violated the Department of Energy's mandatory pricing regulations. Affirming an order by the Department of Energy,1 the district court concluded that Sauder was not entitled to the stripper well exemption to the ceiling price for first sales of crude oil and that Sauder was liable individually for the full amount of the overcharges. We affirm.

I. ...

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