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LEA EXPLORATION, INC. v. DEPARTMENT OF ENERGY

Nos. 5-122, 5-123.

843 F.2d 510 (1988)

LEA EXPLORATION, INC., Plaintiff-Appellee/Cross-Appellant, v. DEPARTMENT OF ENERGY, John S. Herrington, Secretary of Energy, and the United States of America, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided February 29, 1988.

Attorney(s) appearing for the Case

James R. Madison, with whom Stephen Mark Tatum, Wiener, Weiss, Madison & Howell, Shreveport, La., was on the brief for plaintiff-appellee/cross-appellant.

Robert C. Chesnut, with whom Stephen E. Hart, Dept. of Justice, Civ. Div., Washington, D.C., Richard K. Willard, Asst. Atty. Gen., and Don W. Crockett and Peter S. Burns, Dept. of Energy, Washington, D.C., were on the brief for defendants-appellants.

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

WESLEY E. BROWN, Judge.

This case arises under Section 209 of the Economic Stabilization Act of 1970.1 Lea Exploration (Lea) brought an action for declaratory relief in United States District Court, seeking a judgment stating that Lea did not violate the Department of Energy's (DOE) Mandatory Petroleum Price Regulations.2 The DOE counterclaimed, alleging that Lea improperly classified oil from two of its wells...

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