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ENRON OIL AND GAS CO. v. LUJAN

No. 91-6161.

978 F.2d 212 (1992)

ENRON OIL AND GAS COMPANY and Belco Petroleum Corporation, Plaintiffs-Appellants, v. Manuel LUJAN, Secretary of the Interior, United States Department of Interior, Erasmo Gonzales, Area Manager, Houston Area Compliance Office, and Minerals Management Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 30, 1992.

Attorney(s) appearing for the Case

Dante L. Zarlengo, Denver, Colo., Deborah Bahn Price, J. Berry St. John, Jr., Liskow & Lewis, New Orleans, La., for plaintiffs-appellants.

William Perry Pendley, Denver, Colo., amicus curiae in favor of plaintiffs-appellants.

Ronald G. Woods, U.S. Atty., Sarah Tunnell, Asst. U.S. Atty., Houston, Tex., William B. Lazarus, J. Carol Williams, Attys., Dept. of Justice, Environment Div., Appellate Sec., Washington, D.C., for defendants-appellees.

Before JONES and BARKSDALE, Circuit Judges, and JUSTICE, District Judge.

JUSTICE, District Judge:

Plaintiffs-appellants ("Enron") appeal the grant of summary judgment by the district court in favor of defendants-appellees, the Department of Interior and others (collectively "DOI"). 778 F.Supp. 348 (S.D.Tex.1991). The issue on appeal is whether it was permissible and reasonable for the DOI-lessor to include state severance tax reimbursements, paid to lessee Enron by purchasers of its gas, as part of...

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