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OASIS PETROLEUM CORP. v. U.S. DEPT. OF ENERGY

No. 5-91.

718 F.2d 1558 (1983)

OASIS PETROLEUM CORPORATION, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF ENERGY, et al., Defendants and Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided September 8, 1983.

Rehearing and Rehearing Denied October 11, 1983.

Attorney(s) appearing for the Case

David G. Wilson, Bracewell & Patterson, Washington, D.C., with whom Gerard R. McConnell, Washington, D.C., of the same firm, on the brief for Research Fuels, Inc., defendant-appellant.

Katherine L. Henry, Dept. of Energy, Washington, D.C., with whom David A. Engels of the same agency, on the brief for U.S. Dept. of Energy, defendant.

Mark N. Savit, Cotten, Day & Doyle, Washington, D.C., with whom Bruce A. McDonald and G. Lindsay Simmons, Washington, D.C., of the same firm; and George E. Bowles, Locke, Purnell, Boren, Laney & Neely, Dallas, Tex., with whom Larry M. Lesh, Dallas, Tex., of the same firm, on the brief for Oasis Petroleum Corp., plaintiff-appellee.

Before INGRAHAM, GARZA and THORNBERRY, Judges.

Rehearing and Rehearing En Banc Denied October 11, 1983.

THORNBERRY, Judge:

INTRODUCTION:

Research Fuels, Inc. appeals the district court's grant of summary judgment to Oasis Petroleum Corp. in this dispute over the right to the proceeds of the sale of 3,000,000 gallons of gasoline. Concluding that the court should first have referred this entire matter to the Office of Hearings and Appeals [OHA] of the Department of Energy [DOE] under the doctrine...

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