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MULLINS v. U.S. DEPT. OF ENERGY

No. 6-40.

964 F.2d 1149 (1992)

Robert C. MULLINS, d/b/a Clinton Texaco, Edward D. Stokes, d/b/a Ed's Skyline Texaco, Frank Stone, d/b/a Frank Stone & Son's, Rudy Thomas, d/b/a Rudy's Texaco Service, Individually and as Representatives of the Class of Purchasers of Texaco, Inc. Refined Petroleum Products from January 1, 1973 through January 27, 1981, who were overcharged in violation of the Federal Petroleum Price & Allocation Regulations, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF ENERGY, James Watkins, Secretary, U.S. Department of Energy, Office of Hearings and Appeals, U.S. Department of Energy, George B. Breznay, Director, Office of Hearings and Appeals, U.S. Department of Energy, Economic Regulatory Administration, U.S. Department of Energy, Paul M. Geier, Administrator, Economic Regulatory Administration, U.S. Department of Energy, Defendants-Appellees.

Temporary Emergency Court of Appeals.

April 20, 1992.

Attorney(s) appearing for the Case

Len W. Ogden, Jr., Paducah, Ky., and Roger Wm. Perry of Long & Perry, Benton, Ky., for plaintiffs-appellants.

Don W. Crockett and Thomas W. Sacco, Judicial Litigation Div., Economic Regulatory Admin., U.S. Dept. of Energy, Washington, D.C., and Joseph M. Whittle, U.S. Atty., Louisville, Ky., for defendants-appellees.

Before GARZA, Chief Judge, and CHRISTENSEN and DAUGHERTY, Judges.

PER CURIAM:

The Plaintiffs-Appellants, Robert C. Mullins, d/b/a Clinton Texaco; Edward D. Stokes, d/b/a Ed's Skyline Texaco; Frank Stone, d/b/a Frank Stone & Son's; and Rudy Thomas, d/b/a Rudy's Texaco Service, filed a Complaint against the Defendants alleging that the actions of the Department of Energy ("DOE") in allocating only $120,000,000 to the Texaco Refined Products Sales Refund Pool from the Texaco consent order deprived the Appellants of their property...

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