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ASHLAND OIL, INC. v. UNITED STATES DEPARTMENT OF ENERGY

TECA Nos. 10-53, 10-55.

760 F.2d 298 (1985)

ASHLAND OIL, INC., Plaintiff-Appellant, v. The UNITED STATES DEPARTMENT OF ENERGY, Donald Hodel, Secretary of Energy, and Cotton Petroleum Corporation, Defendants-Appellees. ASHLAND OIL, INC., Plaintiff-Appellant, v. COTTON PETROLEUM CORPORATION, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided April 3, 1985.

Attorney(s) appearing for the Case

Patricia N. Blair, Ginsburg, Feldman & Bress, Chartered, Washington, D.C., with whom Fred W. Drogula, Linda B. Blair, of the same firm; John I. Imel, Moyers, Martin, Conway, Santee & Imel, Tulsa, Okl., were on the brief for plaintiff-appellant.

Marcia K. Sowles, with whom Thomas C. Newkirk, Larry P. Ellsworth, Dept. of Energy, Washington, D.C.; Stephen E. Hart, Daniel F. Shea, Dept. of Justice, Washington, D.C., were on the brief for defendant-appellee, U.S. Dept. of Energy.

Thomas P. Humphrey, Davis, Graham & Stubbs, Washington, D.C., with whom Jeffrey H. Howard, Kenneth R. Christoffersen of the same firm; James L. Kincaid, Conner, Winters, Ballaine, Barry & McGowan, Tulsa, Okl., were on the brief for defendant-appellee, Cotton Petroleum Corp.

Before PECK, DAUGHERTY, and THORNBERRY, Judges.

THORNBERRY, Judge.

This is an appeal by plaintiff, Ashland Oil, Inc. (Ashland) from the district court's dismissal of two consolidated cases. In Ashland Oil, Inc. v. United States Department of Energy and Cotton Petroleum Corp., Ashland sought to overturn or modify a prior settlement agreement between the DOE and Cotton. The district court dismissed this action because Ashland failed to exhaust administrative remedies. We affirm for the reasons stated in

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