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IN RE DEPT. OF ENERGY STRIPPER WELL EXEMP. LIT.

No. 10-88.

968 F.2d 27 (1992)

In re DEPARTMENT of ENERGY STRIPPER WELL EXEMPTION LITIGATION. KOCH INDUSTRIES, INC., Third Party Defendant-Appellant, v. MOBIL OIL CORPORATION, Third Party Plaintiff-Appellee.

Temporary Emergency Court of Appeals.

Decided April 7, 1992.

Attorney(s) appearing for the Case

Nancy Sue Allen and Kelly D. Sears, Koch Industries, Inc., Wichita, Kan., were on the brief, for third party defendant-appellant Koch Industries.

David A. Holzworth and Leslie K. Dellon, Lepon, McCarthy, Jutkowitz & Holzworth, Washington, D.C., and Arthur G. Hoffman, Mobil Exploration and Producing U.S., Inc., were on the brief, for third party plaintiff-appellee Mobil Oil Corp.

Before GRANT, METZNER and PECK, Judges.

GRANT, Judge.

Koch Industries, Inc. [Koch] is appealing an order granting summary judgment in favor of Mobil Oil Corporation [Mobil] on its third-party complaint against Koch. The central issue of the appeal is whether Koch can be held liable to Mobil under the federal common law for restitution or reimbursement.

It is undisputed that Mobil, an operator of crude oil properties with injection wells in Oklahoma and other states, certified its properties as stripper...

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