Behm Family Corp. v. U.S. Department of Energy

GRANT, Judge:

Plaintiff-Appellant Behm Family Corporation [Behm] filed a complaint against the Department of Energy [DOE] in the United States District Court for the Northwestern Division of the District of North Dakota, seeking judicial review of two orders issued by DOE’s Office of Hearing and Appeals [OHA]. The district court granted the summary judgment motion of the defendant Department of Energy on February 14, 1989. Pending before this court is Behm’s appeal of that determination. Behm challenges the district court’s entry of summary judgment on two grounds: first, that the court…