MAPCO INTERN. INC. v. F.E.R.C.

Nos. DC-119, 120.

993 F.2d 235 (1993)

MAPCO INTERNATIONAL INC., Plaintiff-Appellant, v. FEDERAL ENERGY REGULATORY COMMISSION, et al., Defendants-Appellees. MAPCO INTERNATIONAL INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Counterclaimant-Appellant.

Temporary Emergency Court of Appeals.

Decided: April 29, 1993.


Attorney(s) appearing for the Case

Richard F. Ahern and Don Crockett, Judicial Litigation Div., Economic Regulatory Admn., U.S. Dept. of Energy, Washington, DC, were on the briefs for defendants-appellees and defendant-counterclaimant-cross-appellant.

James P. Denvir, Jerry E. Rothrock, Daniel Joseph and Anne C. Christman, Akin, Gump, Hauer and Feld, Washington, DC, were on the briefs for appellant Mapco and appellee Mapco.

Dina R. Lassow, James F. Flug and Henry Banta, Lobel, Novins, Lamont and Flug, Washington, DC, were on the briefs for amicus curiae The States.

Before GRANT, METZNER and BROWN, Judges.


GRANT, Judge:

Before this court are the consolidated appeals of TECA Nos. DC-119 and 120.1 They arise from a Remedial Order [RO] issued by the Department of Energy [DOE]2 on April 21, 1986, against MAPCO International [MAPCO], charging MAPCO with violations of certain crude oil resale regulations and ordering payment of overcharges. On January 30, 1992, the district court granted the DOE's motion for summary...

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