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UNITED STATES DEPT. OF ENERGY v. BRIMMER

No. 10-60.

776 F.2d 1554 (1985)

The UNITED STATES DEPARTMENT OF ENERGY and John S. Herrington, Secretary of Energy, Petitioners, v. The Honorable Clarence A. BRIMMER, Chief Judge of the United States District Court for the District of Wyoming, and Inexco Oil Company, Respondents.

Temporary Emergency Court of Appeals.

Decided October 2, 1985.

Rehearing and Rehearing Denied November 1, 1985.

Attorney(s) appearing for the Case

Thomas C. Newkirk, U.S. Dept. of Energy, Washington, D.C., argued, with whom on brief were Larry P. Ellsworth, Thomas H. Kemp, Charles L. Cope and Rodney L. Solenberger, Washington, D.C., for petitioners.

Roger A. Rider of Mayor, Day & Caldwell, Houston, Tex., argued, with whom on brief were Ronald J. Bigelow and Charles E. Suffling, Houston, Tex., and Stanley K. Hathaway, John B. Speight and Richard J. Barrett, Hathaway, Speight and Kunz, Cheyenne, Wyo., for Respondent, Inexco Oil Co.

Before CHRISTENSEN, JAMESON and MacBRIDE, JJ.

Rehearing and Rehearing En Banc Denied November 1, 1985.

MacBRIDE, Judge:

The petitioners, the United States Department of Energy and the Secretary of Energy (collectively, "DOE"), seek a writ of mandamus directing the respondent district court judge to vacate a discovery order entered in litigation between DOE and the respondent Inexco Oil Company ("Inexco"), which required DOE to produce 63 internal government documents DOE claimed to be privileged. On February...

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