CONOCO INC. v. DEPARTMENT OF ENERGY

No. 95-1281.

99 F.3d 387 (1996)

CONOCO INC. (formerly Continental Oil Co.), Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

As Corrected January 2, 1997.


Attorney(s) appearing for the Case

Keith A. Jones, Beck, Redden & Secrest, Washington, D.C., argued, for plaintiff-appellant. With him on the brief were Dennis M. Fenney and Joseph W. Kennedy, Morris, Laing, Evans, Brock & Kennedy, Chartered, Wichita, KS. Also on the brief was Robert F. Ochs, Conoco, Inc., Houston, TX.

Jeffrey A. Clair, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., argued, for defendant-appellee. Counsel on the brief were Frank W. Hunger, Assistant Attorney General, and Bruce G. Forrest, Attorney. Of counsel were Paul T. Michael, and Don W. Crockett, Office of General Counsel, U.S. Department of Energy, Washington, D.C.

Before NEWMAN, SCHALL, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

Conoco Inc. appeals from a decision of the district court granting summary judgment to the Department of Energy (DOE) on its claim for restitution of crude oil pricing overcharges. The district court ordered Conoco to deposit into an escrow account overcharges that were made on sales of crude oil from several oil-producing properties operated by Conoco. In re Dep't of Energy Stripper Well Exemption...

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