No. 10-76.

857 F.2d 1481 (1988)


Temporary Emergency Court of Appeals.

Decided August 8, 1988.

Judgment Entered August 18, 1988.

Attorney(s) appearing for the Case

James F. Flug, Lobel, Novins, Lamont & Flug, Washington, D.C., with whom Paula Dinerstein of the same firm was on the brief for appellant States of Ala., Cal., Conn., Idaho, Ind., Md., Mich., Miss., Mont., Ohio, S.D., Vt., Wis. and Wyo.

Neil F. Hartigan Atty. Gen., and Michael J. Hays, Deputy Atty. Gen., Chicago, Ill., for appellant State of Ill.

Dave Frohnmayer, Atty. Gen., and Donald C. Arnold, Chief Counsel, Dept. of Justice, Salem, Or., for appellant State of Or.

LeRoy S. Zimmerman, Atty. Gen., and Eugene F. Waye and James Donohue III, Deputy Attys. Gen., Harrisburg, Pa., for appellant Com. of Pa.

Bernard Nash, Edward G. Modell and Eileen P. Shannon, Nash, Railsback & Plesser, Washington, D.C., for appellants States of Hawaii, Ill., Kan., Neb., Nev., N.C., Guam and the Virgin Islands.

Andrew P. Miller, Milton B. Whitfield and J. Bradley Ortins, Dickstein, Shapiro & Morin, Washington, D.C., for appellant States Del., Iowa, La., N.D., R.I. and W.Va.

John Van de Kamp, Atty. Gen., and Yeoryios C. Apallas, Deputy Atty. Gen., San Francisco, Cal., for appellant State of Cal.

Stephen C. Skubel, Office of Gen. Counsel, Dept. of Energy, Washington, D.C., with whom Marc Johnston of the same office, and Floyd I. Robinson and Edward Levy, Economic Regulatory Admin. of the Dept. of Energy, were on the brief for appellees U.S. Dept. of Energy and John S. Herrington, Secretary of Energy.

David F. Smith, Dow, Lohnes & Albertson, Washington, D.C., with whom Marc J. Fink of the same firm, and Laurence A. Short, Amy Loeserman Klein, William Karas and William E. Cohen, Short, Klein & Karas, Washington, D.C., were on the brief for amici curiae Foreign Air Carriers and certain Ocean Carriers.

Philip P. Kalodner, Philadelphia, Pa., for amici curiae Utilities, Transporters and Mfrs.

Before GRANT, PECK and METZNER, Judges.


Certain jurisdictions ("the States") appeal from an order of the United States District Court for the District of Kansas (Theis, J.), rejecting the claim of the States that the Department of Energy ("DOE") had violated the Final Settlement Agreement ("FSA") in the M.D.L. 378 Stripper Well litigation through its method of calculating refunds to injured parties in crude oil refund proceedings under Subpart...

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