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IN RE DEPT. OF ENERGY STRIPPER WELL EXEMPTION LIT.

No. 10-87.

944 F.2d 918 (1991)

In re the DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION. ORYX ENERGY COMPANY (Successor to Sun Oil Company (Delaware)), Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided July 11, 1991.

Attorney(s) appearing for the Case

James Baller and Mary Ann Hammett, Baller & Hammett, Washington, D.C., with whom James W. Sargent, Wichita, Kan., and C.L. Carpenter, Oryx Energy Company, Dallas, Tex., were on the brief, for plaintiff-appellant.

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

Before GRANT, METZNER and PECK, JJ.

JOHN W. PECK, Judge.

In 1979, Sun Oil Company procured an injunction against the enforcement of a Department of Energy (DOE) ruling regarding the regulation of oil prices under the Economic Stabilization Act. Sun ultimately lost its challenge to the DOE ruling, and the district court ordered it to pay pre-judgment interest on the resulting over-charges at DOE internal policy rates and to pay interest on amounts that were improperly withheld from the escrow account...

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