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PROPANE INDUS., INC. v. U.S. DEPT. OF ENERGY

No. 8-23.

985 F.2d 586 (1993)

PROPANE INDUSTRIAL, INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided January 8, 1993.

Judgment Entered January 19, 1993.

Attorney(s) appearing for the Case

Douglas L. Carter, Mark F. Krause, Smith, Gill, Fisher & Butts, Kansas City, MO, were on the brief for plaintiff-appellant.

Don W. Crockett, Ralph C. Oser, Judicial Litigation Div., Economic Regulatory Admin., U.S. Dept. of Energy, Washington, DC, were on the brief for defendant-appellee.

Before METZNER, PECK and BROWN, JJ.

METZNER, Judge.

Plaintiff Propane Industrial, Inc. (PII) appeals from an order and judgment of the United States District Court for the Western District of Missouri, Western Division, denying PII's motion for summary judgment and granting defendant United States Department of Energy's (DOE) motion for summary judgment.

This case presents a novel issue involving the DOE's policy which precludes a subsidiary of a consent order firm from receiving a refund from...

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