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IN RE DEPT. OF ENERGY STRIPPER WELL EXEMPTION LIT.

Nos. 10-84, 10-86.

944 F.2d 914 (1991)

In re DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION. CHEVRON U.S.A., INC., (formerly Gulf Oil Corporation), Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided September 19, 1991.

Judgment Entered September 27, 1991.

Rehearing and Rehearing Denied December 12, 1991.

Attorney(s) appearing for the Case

Robert M. Westberg and Robert B. Gex and Craig E. Stewart, Pillsbury, Madison & Sutro, San Francisco, Cal., and Joseph W. Kennedy and Dennis M. Feeney, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kan., on brief for plaintiff-appellant.

Edward P. Levy and Don W. Crockett and Paul T. Michael, Judicial Litigation Div., Economic Regulatory Admin., U.S. Dept. of Energy, Washington, D.C., on brief for defendants-appellees.

Before GRANT, METZNER and PECK, JJ.

Rehearing and Rehearing En Banc Denied December 12, 1991.

METZNER, Judge.

Chevron U.S.A., Inc. ("Chevron"),1 the plaintiff, appeals from an order granting summary judgment to the defendant, the United States Department of Energy ("DOE"), in the sum of $162,449,034. 746 F.Supp. 1452 (D.Kan.1990).

The original dispute between the parties goes back to 1974 when DOE's predecessor, the Federal...

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