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VAN VRANKEN v. U.S. DEPT. OF ENERGY

No. 9-102.

882 F.2d 514 (1989)

Don VAN VRANKEN, on behalf of himself and the certified class he represents, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF ENERGY, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided June 22, 1989.

Judgment Entered July 5, 1989.

Attorney(s) appearing for the Case

Don W. Crockett and Thomas W. Sacco, Judicial Litigation Div., Economic Regulatory Admin., John R. Bolton, Asst. Atty. Gen., Civ. Div., Stephen Ott, Washington, D.C., and Thomas Forgue, Office of Hearings and Appeals, U.S. Dept. of Energy, were on the brief, for defendant-appellant.

Tracy R. Kirkham and Robert B. Ericson, Hennigan & Mercer, Los Angeles, Cal., and Josef D. Cooper, San Francisco, Cal., were on the brief, for plaintiff-appellee.

Before METZNER, DAUGHERTY and MAXWELL, Judges.

METZNER, Judge.

The appellant, United States Department of Energy (DOE), appeals from an order entered in the Northern District of California, granting appellee, Don Van Vranken's motion for summary judgment in his action for declaratory relief.

The issue presented is whether DOE can refuse to accept applications for refunds in a proceeding pursuant to section 209 of the Economic Stabilization Act of 1970, 12 U.S.C. § 1904n. (1980), submitted by counsel...

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