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BEHM FAMILY CORP. v. U.S. DEPT. OF ENERGY

No. 8-22.

903 F.2d 830 (1990)

BEHM FAMILY CORPORATION, Plaintiff-Appellant, v. U.S. DEPARTMENT OF ENERGY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided April 30, 1990.

Attorney(s) appearing for the Case

John M. Mason and William H. Bode, William H. Bode and Associates, Washington, D.C., were on the brief for plaintiff-appellant.

Richard F. Ahern, Don W. Crockett and Paul M. Geier, U.S. Dept. of Energy, Washington, D.C., were on the brief for defendant-appellee.

Before GRANT, BROWN, and THORNBERRY, Judges.

GRANT, Judge:

Plaintiff-Appellant Behm Family Corporation [Behm] filed a complaint against the Department of Energy [DOE] in the United States District Court for the Northwestern Division of the District of North Dakota, seeking judicial review of two orders issued by DOE's Office of Hearing and Appeals [OHA]. The district court granted the summary judgment motion of the defendant Department of Energy on February 14, 1989. Pending before this court is Behm's appeal...

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