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MID-AMERICA DAIRYMEN, INC. v. HERRINGTON

No. 10-79.

878 F.2d 1448 (1989)

MID-AMERICA DAIRYMEN, INC., Appellant, v. John S. HERRINGTON, Secretary of Energy, Appellee.

Temporary Emergency Court of Appeals.

Decided April 19, 1989.

Rehearing and Rehearing Denied June 23, 1989.

Attorney(s) appearing for the Case

Philip P. Kalodner, Philadelphia, Pa., for appellant Mid-America Dairymen, Inc. Wayne H. Hoecker, Gage & Tucker, Kansas City, Mo. was on the brief.

Stephen C. Skubel, Office of the General Counsel, Dept. of Energy, Washington, D.C., for appellee John S. Herrington, Secretary of Energy. Marc Johnston of the same office was on the brief.

Philip P. Kalodner, Philadelphia, Pa., filed Brief on behalf of amicus curiae Boise Cascade Corp., Burlington Industries, Inc., and Packaging Corp. of America.

Before Chief Judge GARZA, Judges CHRISTENSEN, and BROWN.

Rehearing and Rehearing En Banc Denied June 23, 1989.

WESLEY E. BROWN, Judge.

Mid-America Dairymen filed a claim for crude oil refunds under DOE Subpart V procedures, 10 C.F.R., Part 205, Subpart V. The Office of Hearing and Appeals (OHA) denied the claim because a Release and Waiver had been executed by its affiliate, Roberts Dairy Company, in connection with Roberts' claim for a share in an escrow fund held by the District Court in connection with the settlement...

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