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FINA OIL AND CHEMICAL CO. v. NORTON

No. 02-5241.

332 F.3d 672 (2003)

FINA OIL AND CHEMICAL COMPANY and Petrofina Delaware, Inc., Appellants, v. Gale A. NORTON, Secretary of the Interior, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2003.

Attorney(s) appearing for the Case

Charles D. Tetrault argued the cause for appellants. With him on the briefs was Daniel A. Petalas.

L. Poe Leggette and Nancy L. Pell were on the brief for amicus curiae Independent Petroleum Association of America in support of appellants.

John P. Wagner, Joshua B. Frank, and Thomas J. Eastment were on the brief for amicus curiae American Petroleum Institute in support of appellants. David T. Deal entered an appearance.

Todd S. Aagaard, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Edward S. Geldermann and Ronald M. Spritzer, Attorneys.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Under federal law, firms that extract natural gas from leased federal, tribal, or offshore lands pay the government royalties calculated as a percentage of the value of the production they extract. This case involves a valuation dispute concerning gas that is sold twice: first by the producer to a gas marketing firm it controls, and then by the controlled marketing firm to end-users...

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