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FLORIDA ROCK INDUSTRIES, INC. v. HERRINGTON

Civ. A. No. 88-0436.

700 F.Supp. 605 (1988)

FLORIDA ROCK INDUSTRIES, INC. Plaintiff, v. John S. HERRINGTON, et al., Defendants.

United States District Court, District of Columbia.

December 8, 1988.

Attorney(s) appearing for the Case

Raymond Banoun, David J. Bardin, and Barbara S. Wahl of Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for plaintiff.

Henry A. Gill, Jr., Marc Johnston, and Stephen C. Skubel of the Dept. of Energy, Office of the General Counsel, Washington, D.C., for defendants.

CHARLES R. RICHEY, District Judge.

INTRODUCTION

Plaintiff, Florida Rock Industries, Inc. filed this suit because it claims that the Office of Hearing and Appeals ("OHA") of the Department of Energy ("DOE") acted arbitrarily and capriciously and abused its discretion when it held that Florida Rock and Tank Lines ("Tank Lines"), a former subsidiary of plaintiff, waived plaintiff's right to recover restitutionary relief for crude oil overcharges it paid.

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