Okaloosa Asphalt Enterprises, Inc. v. Okaloosa County Gas District

ZEHMER, Judge.

Okaloosa Asphalt Enterprises (Okaloosa Asphalt), as a class representative, appeals a final judgment denying its claim to a pro rata share of the overcharge refund that Okaloosa County Gas District (Gas District) received in December 1979. The refund came from its interstate gas supplier, Unit ed Pipeline Company, pursuant to a settlement approved by order of the Federal Energy Regulatory Commission. The issue on appeal is whether the trial court erred in rejecting appellant’s trust fund theory as the proper legal basis for its claim and, instead, applying the “arbitrary or…