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VGS CORP. v. UNITED STATES DEPT. OF ENERGY

No. 5-119.

808 F.2d 842 (1986)

VGS CORPORATION d/b/a Southland Oil Company and Globe Asphalt Co., Inc., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF ENERGY and John S. Herrington, Secretary of Energy, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided November 28, 1986.

Judgment Entered December 9, 1986.

Attorney(s) appearing for the Case

Dennis A. Henigan, Foley & Lardner, Washington, D.C., with whom Edwin Jason Dryer and Jack L. Lahr of the same firm, Alex A. Alston, Jr., Thomas, Price, Alston, Jones & Davis, Jackson, Miss., were on brief for plaintiffs-appellees.

Samuel Soopper, Atty., Office of Gen. Counsel, U.S. Dept. of Energy, Washington, D.C., with whom Catherine C. Cook and Dennis M. Moore, Attys., were on brief for defendants-appellants.

Jerry E. Rothrock and Harry R. Silver, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., for amicus curiae Beacon Oil Co.

Sheldon Oliensis, Myron Kirschbaum, Robert B. Bernstein, Kaye, Scholer, Fierman, Hays & Handler, New York City, A.J. Losee, Losee & Carson, Artesia, N.M., Henry L. Stern, Holly Corp. Dallas, Tex., and Thomas W. Houghton, Mayor, Day & Caldwell, Houston, Tex., of counsel, for amicus curiae Navajo Refining Co.

Before METZNER, DUNIWAY and WEIGEL, Judges.

METZNER, Judge.

The Department of Energy (DOE) appeals from that part of a mandamus order entered in the United States District Court for the Southern District of Mississippi which directed DOE to pay prejudgment interest from May 8, 1984, to the appellee VGS Corporation, d/b/a Southland Oil Company (Southland). DOE complied with the order for the period October 2, 1985 to December 20, 1985, when it paid Southland the principal amount due. The subject of this appeal...

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