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UNITED STATES v. ARIZONA FUELS CORP.

No. 9-58.

681 F.2d 797 (1982)

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

Temporary Emergency Court of Appeals.

Decided June 1, 1982.

Attorney(s) appearing for the Case

Alan S. Novins, of Lobel, Novins & Lamont, Washington, D. C., argued, with whom on the brief were Martin Lobel and Lee Ellen Helfrich of the same firm, Washington, D. C., and Leroy S. Axland, Suitter, Axland & Armstrong, Salt Lake City, Utah, for appellants.

Kenneth J. Barnes, Dept. of Justice, Washington, D. C., argued, with whom on the brief were J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., Melvin A. McDonald, U.S. Atty., Phoenix, Ariz., and Dennis G. Linder and R. John Seibert, Dept. of Justice, Washington, D. C., for appellee.

Before ESTES, BECKER and DUNIWAY, Judges, and C. A. MUECKE, District Judge.

DUNIWAY, Judge:

This is the second appeal in this case. We affirm.

The facts and history of this case are stated in our opinion on the first appeal, United States v. Arizona Fuels, Em.App., 1980, 638 F.2d 239, cert. denied, 1981, 451 U.S. 985, 101 S.Ct. 2318, 68 L.Ed.2d 842. In that decision, we reversed the portion of the judgment that denied, because exceptions appeals...

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