IN RE STRIPPER WELL EXEMPTION LITIGATION

No. 95-1398.

90 F.3d 1551 (1996)

In re The DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION. W.R. MURFIN d/b/a Murfin Drilling Company, Plaintiff, and Union Pacific Resources Company, formerly Champlin Petroleum Company, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF ENERGY and Hazel R. O'Leary, Secretary of Energy, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 18, 1996.


Attorney(s) appearing for the Case

Donald B. Craven, Miller & Chevalier, Chartered, Washington, DC, argued for plaintiff-appellant. With him on the brief were James P. Tuite and Lisa T. Murphy. Also on the brief was Dennis M. Feeney, Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, Kansas.

Edward P. Levy, Office of General Counsel, Department of Energy, Washington, DC, argued for defendants-appellees. With him on the brief were Don W. Crockett and Paul T. Michael. Also on the brief were Frank W. Hunger, Assistant Attorney General and Bruce G. Forrest, Appellate Staff, Civil Division, Department of Justice, Washington, DC.

James Baller, The Baller Law Group, P.C., Washington, DC, for amicus curiae. With him on the brief was Lana L. Meller.

Before NEWMAN, SCHALL and BRYSON, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

Union Pacific Resources Company (UPRC) appeals the decision of the United States District Court for the District of Kansas granting summary judgment in favor of the Department of Energy (DOE).1 The district court required that UPRC refund certain overcharges on the sale of oil from the Arch Unit in Sweetwater County, Wyoming. The overcharges occurred when Coastal States Oil & Gas Company (now The Coastal...

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