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PENNZOIL EXPLORATION AND PRODUCTION CO. v. LUJAN

No. 5-128.

928 F.2d 1139 (1991)

PENNZOIL EXPLORATION AND PRODUCTION COMPANY, Plaintiff-Appellant, v. Manuel LUJAN, Jr., Secretary, Department of the Interior, Barry A. Williamson, Director, Minerals Management Service, and Department of the Interior, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided February 11, 1991.

Attorney(s) appearing for the Case

George J. Domas (Cheryl M. Kornick with him on the brief) of Liskow & Lewis, New Orleans, La., for plaintiff-appellant.

Albert M. Ferlo, Jr., Atty., Dept. of Justice (Richard B. Stewart, Asst. Atty. Gen., Lisa Hemmer, and Martin W. Matzen, Attys., Dept. of Justice, and Peter Schaumberg, Office of the Sol., Dept. of the Interior, with him on the brief), for defendants-appellees.

Before CHRISTENSEN, HOFFMAN and THORNBERRY, JJ.

CHRISTENSEN, Judge.

This is an appeal by plaintiff-appellant Pennzoil Exploration and Production Company ("Pennzoil") from summary judgment of the United States District Court for the Eastern District of Louisiana upholding an assessment of royalty by the Department of Interior ("DOI") on an offshore mining lease as against Pennzoil's contention that a Department of Energy (DOE) incentive program under the Emergency Petroleum Allocation Act operated to reduce the...

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