BELLE FOURCHE PIPELINE CO. v. UNITED STATES

No. 83-1384.

751 F.2d 332 (1984)

BELLE FOURCHE PIPELINE COMPANY, Black Hills Trucking, Inc., Equitable Oil Purchasing Company, Eighty-Eight Oil Company, J. Frank Pottorff and H.A. True, Jr., Plaintiffs-Appellees, v. UNITED STATES of America and Federal Energy Regulatory Commission, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 27, 1984.


Attorney(s) appearing for the Case

Jack Vickrey of Vickrey & Doggett, Houston, Tex. (Robert Stanley Lowe and Manuel A. Lojo, Casper, Wyo., with him on the brief), for plaintiffs-appellees.

Thomas E. Hirsch, III, Atty., Federal Energy Regulatory Commission, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., and Robert S. Greenspan and Bruce G. Forrest, Attys. Civil Division, Dept. of Justice; Stephen R. Melton, Acting General Counsel, and Barbara J. Weller, Deputy Sol., Federal Energy Regulatory Commission, Washington, D.C., with him on the briefs), for defendants-appellants.

Before HOLLOWAY, Chief Judge, and SETH and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

The United States and the Federal Energy Regulatory Commission (FERC) appeal from an order entered by the district court, 554 F.Supp. 1350, enjoining them from enforcing four subpoenas issued against the Belle Fourche Pipeline Company and three affiliated corporations, Black Hills Trucking, Inc., Equitable Oil Purchasing Company, and Eighty-Eight Oil Company. Because we find that the district court lacked...

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