MGPC, INC. v. DEPARTMENT OF ENERGY

No. 10-52.

763 F.2d 422 (1985)

MGPC, INC., a Wyoming corporation, Plaintiff-Appellee, v. DEPARTMENT OF ENERGY, et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided May 3, 1985.


Attorney(s) appearing for the Case

Don W. Crockett, with whom John L. Gurney, Dept. of Energy, Washington, D.C., and Richard K. Willard, Dept. of Justice, Washington, D.C., were on briefs for defendants-appellants.

Richard T. Williams, with whom Howard J. Bressler and David L. Huard of Kadison, Pfaelzer, Woodard, Quinn & Rossi, Los Angeles, Cal., were on the brief for plaintiff-appellee MGPC, Inc.

Before JAMESON, CRAIG and McNICHOLS, Judges.


McNICHOLS, Judge.

The United States Department of Energy (DOE), the defendant below, brings the present appeal from an order of the United States District Court for the District of Wyoming granting Summary Judgment to MGPC, Inc., (MGPC) the plaintiff below. See MGPC v. Duncan, 581 F.Supp. 1047 (1984). For reasons stated and discussed below, we reverse.

I.

FACTUAL BACKGROUND

Pursuant to the Economic...

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