Navajo Refining Co. v. United States Department of Energy

CRAIG, Judge:

This is an appeal from an order of the United States District Court for the District of New Mexico. The order granted a motion for partial summary judgment filed by plaintiff/appellee Navajo Refining Company (“Navajo”) and denied a motion to dismiss filed by defendants/appellants United States Department of Energy (“DOE”) and Secretary of Energy Donald P. Hodel.

The complaint filed by Navajo in this action sought injunctive, mandamus and declaratory relief, based upon defendants’ failure to effect restitution to Navajo of $4,072,222 which DOE erroneously required Navajo to pay…