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THRIFTWAY CO. v. U.S. DEPT. OF ENERGY

No. 10-81.

920 F.2d 23 (1990)

THRIFTWAY COMPANY, Plaintiff-Appellant, v. U.S. DEPARTMENT OF ENERGY, et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided September 26, 1990.

Judgment Entered September 26, 1990.

Attorney(s) appearing for the Case

William F. Cockrell, Jr., Corpus Christi, Tex., with whom Robert J. Brooks, Washington, D.C. was, on the brief, for plaintiff-appellant Thriftway Co.

Richard F. Ahern, U.S. Dept. of Energy, Washington, D.C., with whom Don W. Crockett and Paul M. Geier of the same office were on the brief, for defendants-appellees U.S. Dept. of Energy, et al.

Before GARZA, Chief Judge, and CHRISTENSEN and PECK, Judges.

JOHN W. PECK, Judge:

In this appeal, Thriftway Company, a small oil refiner, challenges the district court's affirmance of a Department of Energy (DOE) Remedial Order directing Thriftway to repay with interest $670,923 in illegally acquired small refiner bias (SRB) entitlements. For the reasons stated below, we affirm the district court.

REGULATORY HISTORY

In 1974, DOE developed SRB entitlements to help compensate small oil refiners for their relatively...

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