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  5. 889 F.2d 1104 (1989)
 

MATTER OF COMPTON CORP.

No. 5-127.

889 F.2d 1104 (1989)

In the Matter of COMPTON CORPORATION, Debtor. Walter KELLOGG, Trustee in Bankruptcy of Compton Corp., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

November 14, 1989.

Attorney(s) appearing for the Case

David R. Snodgrass, and Todd R. Moore, Gardere & Wynne, Dallas, Tex., were on the brief, for plaintiff-appellant.

Don W. Crockett, Arthur S. Weissbrodt, and Diane Polinger, Dept. of Energy, Washington, D.C., were on the briefs, for defendant-appellee.

Before DAUGHERTY, WEIGEL and THORNBERRY, Judges.

THORNBERRY, Judge:

FACTS

Debtor-Appellant Compton Corporation (Compton) was a crude oil reseller during the period in which mandatory petroleum price and allocation regulations were in effect. In 1982, Compton filed for bankruptcy under Chapter 7 of the bankruptcy code, and Walter Kellogg (trustee) was appointed as trustee of the bankrupt estate.

On April 26, 1984, the Department of Energy (DOE) issued a proposed remedial order (PRO) requiring Compton...

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