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UNITED STATES v. ARIZONA FUELS CORP.

No. 83-1649.

739 F.2d 455 (1984)

UNITED STATES of America, Plaintiff, v. ARIZONA FUELS CORPORATION and Eugene Dalton, President, Defendants, Tenneco Oil Company, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 2, 1984.

Attorney(s) appearing for the Case

Rodney L. Solenberger, Dept. of Energy, Washington, D.C., for plaintiff.

Douglas J. Parry, Rooker, Larsen, Kimball & Parr, Salt Lake City, Utah, for appellant.

Before DUNIWAY, FARRIS, and PREGERSON, Circuit Judges.

DUNIWAY, Circuit Judge:

Tenneco Oil Company appeals from an order requiring it to repay to the Receiver of Arizona Fuels Corporation funds received as advance payments for crude oil and retained as setoffs of pre-receivership debts. Tenneco argues that the district court erroneously rejected Tenneco's contractual and equitable right to setoff, improperly used summary proceedings to decide whether to issue the order, and lacked statutory jurisdiction over the funds...

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