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IN RE DEPT. OF ENERGY STRIPPER WELL EXEMPTION LITIGATION

No. 10-75.

853 F.2d 1579 (1988)

In re DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION. APEX OIL COMPANY, Appellant, v. RESELLER SETTLEMENT ATTORNEY, Appellee.

Temporary Emergency Court of Appeals.

July 14, 1988.

Attorney(s) appearing for the Case

Joseph W. Kennedy, Morris, Laing, Evans, Brock and Kennedy, Chartered, Wichita, Kan., was on the brief for appellant.

Alphonse M. Alfano, Robert S. Bassman and Douglas B. Mitchell, Bassman, Mitchell and Alfano, Chartered, Washington, D.C., were on the brief for appellee.

Before GRANT, METZNER and PECK, Judges.

GRANT, Judge.

Appellant Apex Oil Company (Apex) has appealed the district court's Opinion and Order of August 27, 1987, denying Apex's Motion for an Order Clarifying Prior Orders of the Court and for Other Relief. Appellee the Reseller Settlement Attorney has filed Motion to Dismiss the Appeal pursuant to TECA Rule 26 on the ground that Apex had already presented its claim for final and binding arbitration and had waived its right to appeal. On January 19, 1988, this...

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