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RIO GRANDE, EL PASO & SANTA FE RAILROAD CO. v. DEPT. OF ENERGY

No. 99-1528.

234 F.3d 1 (2000)

The RIO GRANDE, EL PASO AND SANTA FE RAILROAD COMPANY and Burlington Northern and Santa Fe Railway Company, Plaintiffs-Appellants, v. DEPARTMENT OF ENERGY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED December 4, 2000.

Attorney(s) appearing for the Case

William H. Bode, Bode & Beckman, of Washington, DC, argued or plaintiffs-appellants.

Don W. Crockett, Attorney, Office of General Counsel, United States Department of Energy, of Washington, DC, argued for defendant-appellee.

Before MAYER, Chief Judge, NEWMAN, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

The Rio Grande, El Paso and Santa Fe Railroad Company and the Burlington and Santa Fe Railway Company (collectively, "Santa Fe")1 appeal the decision of the United States District Court for the District of Columbia upholding the denial by the Office of Hearings and Appeals ("OHA") of the Department of Energy ("DOE") of Santa Fe's July 30, 1990 application for an above-volumetric refund from the Shell Oil Co. ("Shell...

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