GETTY OIL CO. v. DEPARTMENT OF ENERGY

No. 3-37.

749 F.2d 734 (1984)

GETTY OIL COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, et al., Defendant-Appellee, and United States of America, Counterclaimant-Appellee.

Temporary Emergency Court of Appeals.

Decided September 26, 1984.

Certiorari Denied February 19, 1985.


Attorney(s) appearing for the Case

William E. Wickens, Surrey & Morse, Washington, D.C., with whom William Simon, P.C., and Robert J. Brookhiser of Howrey & Simon, Washington, D.C., Charles F. Richards, Jr. and Stephen E. Herrmann, Richards, Layton & Finger, Wilmington, Del., were on the brief; R. David Copley and Robert E. Hafey, Los Angeles, Cal., of counsel, for plaintiff-appellant.

David A. Engels, Dept. of Energy, Washington, D.C., with whom Larry P. Ellsworth and Charles L. Cope, Washington, D.C., of the same agency; William C. Carpenter, Asst. U.S. Atty., Wilmington, Del., and David M. Glass, Dept. of Justice, Washington, D.C., were on the brief for defendant-appellee and counterclaimant-appellee.

Before HOFFMAN, METZNER and LACEY, Judges.


Certiorari Denied February 19, 1985. See 105 S.Ct. 1176.

METZNER, Judge.

Getty Oil Company ("Getty") appeals from a final order of the district court granting summary judgment to the Department of Energy1 ("DOE") and the United States. This order embraces an opinion affirming a decision and order of DOE's Office of Hearings and Appeals ("OHA"), which found that Getty had violated DOE's producer price regulations, 10 C.F.R. Part...

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