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PRATT v. WATKINS

No. 5-129.

946 F.2d 907 (1991)

Joe N. PRATT, Plaintiff-Appellee, v. James D. WATKINS, Secretary of Energy, et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided September 12, 1991.

Attorney(s) appearing for the Case

Don W. Crockett and Thomas Sacco, Judicial Litigation Div., Economic Regulatory Admin., U.S. Dept. of Energy, Washington, D.C., were on the brief for defendants-appellants.

Douglas S. Johnston and Christopher L. Daines, Douglas Johnston and Associates, P.C., Houston, Tex., were on the brief for plaintiff-appellee.

Before HOFFMAN, BROWN and THORNBERRY, Judges.

THORNBERRY, Judge:

The operator of several oil leases violated petroleum price regulations by misclassifying certain oil wells as stripper wells. Under a theory of restitution, the Department of Energy (DOE) issued a proposed remedial order seeking to recover a portion of these overcharges from Joe N. Pratt, a passive working interest owner who had the right to receive twenty percent of the proceeds generated by the sale...

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