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CITY OF LONG BEACH v. DEPARTMENT OF ENERGY

Nos. 9-85, 9-86.

754 F.2d 379 (1985)

CITY OF LONG BEACH, Appellant, v. DEPARTMENT OF ENERGY, et al., Appellees. CHAMPLIN PETROLEUM COMPANY, Appellant, v. DEPARTMENT OF ENERGY, et al., Appellees.

Temporary Emergency Court of Appeals.

Decided January 4, 1985.

Attorney(s) appearing for the Case

Robert G. Austin, Deputy City Atty., Long Beach, Cal., with whom Robert W. Parkin, City Atty. for Long Beach, Long Beach, Cal., were on the briefs for appellant City of Long Beach.

Joseph C. Bell, Hogan & Hartson, Washington, D.C., with whom Jeffrey N. Gibbs, Washington, D.C., of the same firm were on the briefs for appellant Champlin Petroleum Co.

Samuel Soopper, Washington, D.C., with whom Thomas H. Kemp, Dept. of Energy, Washington, D.C., were on the briefs for appellee Department of Energy.

Before DAUGHERTY, CRAIG and McNICHOLS, Judges.

McNICHOLS, Judge.

The Appellant City of Long Beach commenced the present action in the United States District Court for the Central District of California against the Department of Energy (DOE) and Donald P. Hodel, Secretary of the DOE, to challenge an order issued by the Office of Hearings and Appeals (OHA) of the DOE. The order required the City of Long Beach to disgorge itself of $963,459 the DOE claims the City received as a result of an erroneous calculation...

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