RESEARCH FUELS, INC. v. U.S. DEPT. OF ENERGY

No. 5-133.

977 F.2d 601 (1992)

RESEARCH FUELS, INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY and George B. Breznay, as Director of the Office of Hearings and Appeals, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided August 27, 1992.

As Amended November 6, 1992.


Attorney(s) appearing for the Case

David G. Wilson, Andrews & Kurth, Washington, D.C., for plaintiff-appellant Research Fuels, Inc.

Don W. Crockett, U.S. Dept. of Energy, Washington, D.C., with whom Thomas W. Sacco, of the same office was on the brief, for defendants-appellees U.S. Dept. of Energy, et al.

Before GARZA, Chief Judge, and DAUGHERTY and BROWN, JJ.


WESLEY E. BROWN, Judge.

Appellant Research Fuels, Inc. ("RFI"), appeals the district court's ruling granting summary judgment in favor of the United States Department of Energy ("DOE"). The dispute concerns a claim filed by RFI in a special refund proceeding administered by the Office of Hearings and Appeals ("OHA") of the Department of Energy. The OHA denied the claim, finding that RFI had not demonstrated that it was entitled to recover out of a special fund set...

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