United States Department of Energy v. West Texas Marketing Corp.

CHRISTENSEN, Judge,

specially concurring.

I concur with the result of Judge Sear’s scholarly opinion, and essentially in its reasoning. To supplement the primarily technical treatment there involved, I would make some additional observations concerning the practicalities of the situation; and I find it importantly necessary to deal aside from the question of finality of the lower court’s decision with an issue of the jurisdiction of this court, itself, which was briefed and argued by the parties but which Judge Sear has chosen not to address.

I

While more recently emphasizing the “finality”…