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UNITED STATES v. ARMADA PETROLEUM CORP.

Nos. 5-86, 5-87.

700 F.2d 706 (1983)

The UNITED STATES of America and Department of Energy Audit Director, James Louthan, Petitioners-Appellants and Cross-Appellees, v. ARMADA PETROLEUM CORPORATION and Anthony Wright, Respondents-Appellees and Cross-Appellants.

Temporary Emergency Court of Appeals.

Decided January 26, 1983.

Judgment Entered February 7, 1983.

Rehearing Denied March 30, 1983.

Attorney(s) appearing for the Case

Arthur R. Goldberg, Atty., C.D., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., David J. Anderson and Lawrence A.G. Moloney, Attys., C.D., Dept. of Justice, Washington, D.C., were on brief for petitioners-appellants and cross-appellees.

Bruce R. Coulombe and Frank B. Davis, Andrews & Kurth, Houston, Tex., for respondents-appellees and cross-appellants.

Robert L. Weinberg, Williams & Connolly, Washington, D.C., with whom Robert P. Watkins, Kendra E. Heymann and Stuart L. Gasner, Washington, D.C., of the same firm were on brief, for amicus curiae, The Crude Co.

Before METZNER, BONSAL and LACEY, Judges.

METZNER, Judge.

The Department of Energy (DOE) appeals from an order deferring, until completion of criminal proceedings, a ruling on its petition to enforce a subpoena duces tecum directed to the respondents. Respondents, Armada Petroleum Corporation (Armada) and Anthony Wright, vice president of Armada (Wright), cross appeal from an order denying their motion for discovery. Wright was named as a respondent below because the subpoena was directed to him.

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