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AMOCO CORPORATION v. U.S. DEPARTMENT OF ENERGY

No. 7-18.

912 F.2d 472 (1990)

AMOCO CORPORATION, Plaintiff-Appellee, v. U.S. DEPARTMENT OF ENERGY and James V. Watkins, Secretary of Energy, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided July 6, 1990.

Rehearing and Rehearing Denied August 15, 1990.

Attorney(s) appearing for the Case

Don W. Crockett, U.S. Dept. of Energy, Washington, D.C., with whom Thomas W. Sacco of the same office was on the brief, for defendants-appellants U.S. Dept. of Energy, et al.

Melvin Goldstein, Goldstein and Claxton, Washington, D.C., with whom Charles R. Claxton of the same firm was on the brief, for plaintiff-appellee Amoco.

Before PECK, DAUGHERTY, and BROWN, Judges.

Rehearing and Rehearing En Banc Denied August 15, 1990.

PECK, Judge:

This appeal arose from the denial by the Office of Hearings and Appeals (OHA) of Amoco's late application in the Aminoil restitutionary fund proceeding pursuant to 10 C.F.R. Part 205, Subpart V. Amoco appealed the OHA ruling and it was reversed by the district court. For the reasons stated below, we now reverse the district court.

FACTS

During the period that petroleum price...

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