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U.S. v. LADD PETROLEUM CORP.

No. 5-124.

843 F.2d 506 (1988)

The UNITED STATES of America, United States Department of Energy, and John S. Herrington, Secretary of Energy, Plaintiffs-Appellees, v. LADD PETROLEUM CORPORATION, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided February 29, 1988.

Attorney(s) appearing for the Case

Richard F. Ahern, with whom Don W. Crockett, Economic Regulatory Admin., Dept. of Energy, Washington, D.C., and Richard Willard, Dept. of Justice, Civil Div., Washington, D.C., were on the brief, for plaintiffs-appellees.

B.J. Duplantis, with whom Margaret D. Swords, Gordon, Arata, McCollam, Stuart & Duplantis, Lafayette, La., was on the brief, for defendant-appellant.

Before GARZA, Chief Judge, and BROWN and THORNBERRY, Judges.

WESLEY E. BROWN, Judge.

The Department of Energy brought this action to recover alleged overcharges by Ladd Petroleum on sales of crude oil. The action was brought pursuant to Section 209 of the Economic Stabilization Act of 1970, 12 U.S.C. Sec. 1904, note.1 The Government alleged that Ladd incorrectly classified sales of oil from a certain well as "newly discovered crude oil," and thereby obtained a higher price for the oil than should...

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