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IN RE DEPT. OF ENERGY STRIPPER WELL EXEMPTION LIT.

Civ A. No. 78-1410.

752 F.Supp. 1534 (1990)

In re the DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION. Otis P. PEAVEY, et al., and Sun Oil Company (Delaware), Plaintiffs, v. UNITED STATES DEPARTMENT OF ENERGY, et al., Defendants.

United States District Court, D. Kansas.

November 19, 1990.

Attorney(s) appearing for the Case

James Baller, Mary Ann Hammett, Baller Hammett, P.C., Washington, D.C., C.L. Carpenter, Oryx Energy Co., Dallas, Tex., James W. Sargent, Law Offices of James W. Sargent, Wichita, Kan., for Oryx Energy Co.

N. Sue Allen, Koch Industries, Inc., Wichita, Kan., for third party defendant Koch Industries, Inc.

MEMORANDUM AND ORDER

THEIS, District Judge.

This matter is before the court on the motion of third party defendant Koch Industries, Inc. (Koch) to dismiss the complaint filed by Oryx Energy Company, formerly Sun Exploration and Production Company and the successor to plaintiff Sun Oil Company (Delaware) (hereinafter "Sun"). Sun's motion for leave to file a response to Koch's reply (Doc. 1889) will be granted. The court does not believe oral

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