Nos. 87-1890, 87-2018, 87-2078 and 87-2080.

906 F.2d 1445 (1990)

In re SENECA OIL COMPANY and Seneca Drilling Company, Debtors. UNITED STATES DEPARTMENT OF ENERGY, Plaintiff-Appellee/Cross-Appellant, v. SENECA OIL COMPANY and Seneca Drilling Company, Defendants, and The Bank of New York, Individually and as agent for Interfirst Dallas; Credit Suisse; United Bank of Denver, National Association; Bank of Oklahoma, National Association, Creditors-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

June 28, 1990.

Attorney(s) appearing for the Case

Eric M. Reuben of Emmet, Marvin & Martin, New York City (David A. Cheek of McKinney, Stringer & Webster, Oklahoma City, Okl., and Marcia S. Ruskin and Eileen Chin-Bow of Emmet, Marvin & Martin, New York City, with him on the briefs), for creditors-appellants/cross-appellees.

Floyd I. Robinson (Marc Kasischke and Phyllis Jo Gervasio, with him on the briefs), Office of Judicial Litigation, Economic Regulatory Admin., U.S. Dept. of Energy, Washington, D.C., for plaintiff-appellee/cross-appellant.

Before LOGAN, BRORBY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This bankruptcy case involves appeals and a cross-appeal from three orders of the United States District Court for the Western District of Oklahoma. Appellants are a group of banks that made loans to the debtor, Seneca Oil Company. Appellee is the Department of Energy ("the DOE"), which is seeking recovery of overcharges made by Seneca on its sales of crude oil in violation of federal pricing regulations.

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