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MGPC, INC. v. DEPARTMENT OF ENERGY

No. 10-33.

673 F.2d 1277 (1982)

MGPC, INC., a Wyoming corporation, Plaintiff-Appellee, v. DEPARTMENT OF ENERGY, et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided February 17, 1982.

Attorney(s) appearing for the Case

Don W. Crockett, Washington, D. C., argued; with him on the brief were Thomas S. Martin, Acting Asst. Atty. Gen., Civil Division, Dept. of Justice, and Courtney Price, Dept. of Energy, Washington, D. C., Richard T. Williams, Los Angeles, Cal., for defendants-appellants, Dept. of Energy, et al.

Richard F. Ahern, Kadison, Pfaelzer, Woodard, Quinn & Rossi, and Don G. Kircher, Franklin D. Dodge, Los Angeles, Cal., and Hathaway, Speight & Kunz, Jack B. Speight, Cheyenne, Wyo., for plaintiff-appellee, MGPC, Inc.

Before DUNIWAY, SPEARS, and WEIGEL, Judges.

DUNIWAY, Judge:

The Department of Energy appeals from an order by the district court styled a preliminary injunction. We find that the order is appealable as a final order, and we reverse. In the alternative, we find that the district court acted beyond its jurisdiction, and we order that a writ of mandamus issue. We vacate the order of the district court and direct that the action be dismissed with prejudice.

I...

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