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AMBER REFINING, INC. v. OCCIDENTAL OIL AND GAS CO.

No. 5-130.

961 F.2d 225 (1992)

AMBER REFINING, INC., et al., Plaintiffs-Appellees, v. OCCIDENTAL OIL AND GAS CO., Defendant-Cross Claimant-Appellee, v. UNITED STATES DEPARTMENT OF ENERGY, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided February 27, 1992.

As Amended on Denial of Rehearing April 16, 1992.

Attorney(s) appearing for the Case

Don W. Crockett, U.S. Dept. of Energy, Washington, D.C., with whom Joseph L. Gibson, Marc Kasischke, Richard F. Ahern, and Thomas W. Sacco, of the same office, were on the briefs, for defendant-appellant U.S. Dept. of Energy.

Cecil E. Munn, Cantey & Hanger, Fort Worth, Tex., with whom H. Carter Burdette of the same firm was on the brief, for plaintiff-appellees Amber Refining, Inc., et al.

Glen E. Clover, Liddell, Sapp, Zivley, Hill & LaBoon, Houston, Tex., with whom Richard W. Staff of the same firm was on the brief, for defendant-cross claimant-appellee Occidental Oil and Gas Co.

Before BROWN, WEIGEL, and THORNBERRY, Judges.

WESLEY E. BROWN, Judge:

The Department of Energy ("DOE") appeals a final judgment entered against it in favor of Occidental Oil and Gas Company. The judgment arose out of an agreement between DOE and the Permian Corporation1 which set up an escrow account to pay claims against Permian brought by third parties. The district court determined that DOE violated its agreement with Permian by unreasonably withholding approval of a settlement...

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