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NEW YORK PETROLEUM CORP. v. ASHLAND OIL, INC.

No. 5-100.

757 F.2d 288 (1985)

NEW YORK PETROLEUM CORPORATION, Plaintiff-Appellee, v. ASHLAND OIL, INC. and Koch Industries, Inc., Defendants-Appellants, ASHLAND OIL, INC. and Koch Industries, Inc., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF ENERGY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided January 22, 1985.

Rehearing and Rehearing Denied March 4, 1985.

Attorney(s) appearing for the Case

Patricia N. Blair, of Ginsburg, Feldman & Bress, Washington, D.C., argued, with whom on the brief were Fred W. Drogula and Linda B. Blair, Washington, D.C., of the same firm, and John T. Armstrong, Jr., Armstrong & Hoffman, Hazlehurst, Miss., for appellants.

Thomas C. Newkirk, U.S. Dept. of Energy, Washington, D.C., argued, with whom on the brief were David A. Engels and Ellen P. Rosenberg-Blatt, Washington, D.C., for appellee U.S. Dept. of Energy.

Glenn Gates Taylor, of Heidelberg, Woodliff & Franks, argued, with whom on the brief was Kenneth I. Franks of the same firm, Jackson, Miss., for appellee New York Petroleum Corp.

Before GRANT, PECK and MAXWELL, Judges.

Rehearing and Rehearing En Banc Denied March 4, 1985.

JOHN W. PECK, Judge:

I. FACTS

This case stems from overcharges which New York Petroleum (New York) charged its crude oil customers between 1973 and 1975, in violation of then existing price regulations. New York incorrectly listed certain properties in Louisiana and Mississippi which it operated for the working interest owners as "stripper well leases" (properties which produce very little crude...

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