GULF OIL CORPORATION v. HICKEL

No. 23492.

435 F.2d 440 (1970)

GULF OIL CORPORATION et al., Appellants, v. Walter J. HICKEL, Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 19, 1970.


Attorney(s) appearing for the Case

Mr. Jesse P. Luton, Jr., Houston, Tex., of the Bar of the Supreme Court of Texas, pro hac vice, by special leave of Court, with whom Mr. Thomas P. Kerester, Washington, D. C., was on the brief, for appellants.

Mr. Robert E. Kopp, Atty., Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., and Robert V. Zener, Atty., Department of Justice, were on the brief, for appellee, Hickel.

Mr. Daniel K. Mayers, Washington, D. C., with whom Messrs. Hugh R. H. Smith, and Dennis M. Flannery, Washington, D. C., were on the brief, for appellee, Commonwealth Oil Refining Co. Inc.

Before LEVENTHAL and ROBINSON, Circuit Judges, and DAVIES, Judge, United States District Court for the District of North Dakota.


LEVENTHAL, Circuit Judge:

This case involves a challenge to a decision of the Oil Import Administrator, affirmed by the Oil Import Appeals Board, which denied the application of plaintiff-appellants, Gulf Oil Corp. and its affiliate in Puerto Rico (hereafter collectively "Gulf"), for an import allocation authorizing importation of 3,539 barrels per day (b/d) of foreign crude oil into Puerto Rico. Gulf brought this action to challenge the decision, on grounds of arbitrariness...

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