Oasis Petroleum Corp. v. United States Department of Energy

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 of primary jurisdiction, we REVERSE and REMAND. FACTS AND PROCEDURAL HISTORY:

As of July 1978, defendant-appellant Research Fuels Inc. [RFI], an independent gasoline marketer, sold gasoline through…