United States Department of Energy v. The States

855 F.2d 865 (Temp. Emer. Ct. App. 1988) · Temporary Emergency Court of Appeals · July 20, 1988

Summary

The court reviewed whether a Final Settlement Agreement required the Department of Energy to fund, from its share of settlement proceeds, entitlements exception relief payments made before the agreement received court approval. Although the court found the relevant provision ambiguous, it considered extrinsic evidence and affirmed the district court's conclusion that DOE's obligation included the previously paid receive orders.

Holdings

  1. Paragraph V.G is ambiguous because it does not expressly state whether it covers previously paid claims or whether those payments must be subtracted from DOE's settlement funds. Considering the extrinsic evidence, the Agreement required DOE to fund the full amount of all entitlements exception receive orders out of DOE's share of the settlement funds, including payments made before court approval.
  2. Interpretation of the Settlement Agreement is reviewed de novo as a matter of law, while the district court's factual determination based on extrinsic evidence is reviewed for clear error.

Questions Presented

  1. Whether Paragraph V.G of the Final Settlement Agreement required DOE to fund entitlements exception relief receive orders paid before the district court approved the Agreement.
  2. Whether the district court properly considered extrinsic evidence to determine the parties' intent after finding Paragraph V.G ambiguous.

Disposition

affirmed

Cases Cited (7)

  • In re Department of Energy Stripper Well Exemption Litigation, 653 F.Supp. 108 (D.Kan. 1986)(followed)
  • Texaco, Inc. v. DOE, 795 F.2d 1021 (Temp. Emer. Ct. App. 1986), cert. dismissed, 478 U.S. 1030, 107 S.Ct. 10, 92 L.Ed.2d 766 (1986)(followed)
  • United States v. ITT Continental Baking Co., 420 U.S. 223, 236, 238, 95 S.Ct. 926, 934-35, 43 L.Ed.2d 148 (1975)(followed)
  • Eaton v. Courtaulds of North America, Inc., 578 F.2d 87, 90 (5th Cir. 1978)(followed)
  • Boatmen's Nat'l Bank of St. Louis v. Smith, 835 F.2d 1200, 1202 (7th Cir. 1987)(followed)
  • Cities Service Co. v. FEA, 529 F.2d 1016 (Temp. Emer. Ct. App. 1975), cert. denied, 426 U.S. 947, 96 S.Ct. 3166, 49 L.Ed.2d 1184 (1976)(followed)
  • Pasco, Inc. v. FEA, 525 F.2d 1391 (Temp. Emer. Ct. App. 1975)(followed)

Cited In (0)

No citing cases on record yet.

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