In re the DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION.
UNITED STATES DEPARTMENT OF ENERGY, et al., Appellants,
v.
"THE STATES", Appellees.
Temporary Emergency Court of Appeals.https://leagle.com/images/logo.png
Argued May 4, 1988.
Decided July 20, 1988.
Attorney(s) appearing for the Case
Stephen C. Skubel, with whom Marc Johnston, Office of General Counsel, U.S. Dept. of Energy, Washington, D.C., and Theodore A. Miles, Marcia K. Sowles, and Floyd I. Robinson, Economic Regulatory Admin., U.S. Dept. of Energy, Washington, D.C., were on the brief, for appellants.
Bernard Nash, with whom Edward G. Modell and Eileen P. Shannon, Nash, Railsback & Plesser, Washington, D.C., Andrew P. Miller, Milton B. Whitfield, J. Bradley Ortins, Dickstein, Shapiro & Morin, Neil F. Hartigan, Atty. Gen., and Michael Hayes, Deputy Atty. Gen., Chicago, Ill., Dave Frohnmayer, Atty. Gen., and Donald C. Arnold, Chief Counsel, Dept. of Justice, Salem, Or., Leroy S. Zimmerman, Atty. Gen., Eugene F. Waye and Kathleen Misturak-Gingrich, Deputy Attys. Gen., Harrisburg, Pa., James F. Flug and Paula Dinerstein, Lobel, Novins, Lamont & Flug, Washington, D.C., and John Van de Kamp, Atty., and Yeoryios C. Apallas, Deputy Atty. Gen., San Francisco, Cal., were on the brief, for appellees.
Before GRANT, METZNER and PECK, Judges.
Temporary Emergency Court of Appeals.
JOHN W. PECK, Judge.
This appeal concerns whether the district court properly interpreted the Final Settlement Agreement approved in In re Department of Energy Stripper Well Exemption Litigation,653 F.Supp. 108 (D.Kan.1986), as requiring the Department of Energy to credit retroactively the entitlements exception receive order payments authorized prior to the effective date of the Agreement
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