UNITED STATES v. LaJET, INC.

Nos. 5-76, 5-78.

685 F.2d 1378 (1982)

The UNITED STATES of America, Petitioner-Appellee, v. LaJET, INC., Respondent-Appellant. LaJET, INC., Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided August 5, 1982.

Rehearing and Rehearing Denied September 7, 1982.


Attorney(s) appearing for the Case

M. Susan Carlson, Dept. of Justice, with whom J. Paul McGrath, C. Max Vassanelli and R. John Seibert, Washington, D. C., of the same agency, and Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., were on the brief, for defendants-appellees.

Robert M. Montgomery, Jr., Paul, Weiss, Rifkind, Wharton & Garrison, and Jack McKay, Kevin I. MacKenzie, Hogan & Hartson, Washington, D. C., were on the brief, for respondent-appellant in No. 5-76 and plaintiff-appellant in No. 5-78.

Before BECKER, SPEARS and BROWN, Judges.


Rehearing and Rehearing En Banc Denied September 7, 1982.

SPEARS, Judge.

This consolidated appeal by LaJet, Inc., a small independent oil producer, challenges orders entered by the United States District Court for the Northern District of Texas, dismissing LaJet's action against the Department of Energy (DOE), and enforcing a DOE subpoena issued to LaJet. We affirm.

FACTUAL BACKGROUND

In November of 1978, DOE began an audit of LaJet, which...

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