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ATLANTIC REFINING COMPANY v. STANDARD OIL COMPANY

Nos. 16721 and 16725.

304 F.2d 387 (1962)

The ATLANTIC REFINING COMPANY, Appellant, v. STANDARD OIL COMPANY (Incorporated in New Jersey) et al., Appellees. INDEPENDENT REFINERS ASSOCIATION OF AMERICA et al., Appellants, v. STANDARD OIL COMPANY (Incorporated in New Jersey) et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1962.

Petition for Rehearing July 30, 1962.

Petition for Rehearing Denied July 30, 1962.

Attorney(s) appearing for the Case

Mr. Henry B. Weaver, Jr., Washington, D. C., with whom Messrs. Ray S. Donaldson, Thomas C. Matthews, Jr., George A. Avery, Washington, D. C., and Roy W. Johns, Philadelphia, Pa., were on the brief, for appellant in No. 16,721.

Mr. Elmer E. Batzell, Washington, D. C., for appellants in No. 16,725.

Mr. Daniel M. Gribbon, Washington, D. C., with whom Messrs. Hugh B. Cox and Henry P. Sailer, Washington, D. C., were on the brief, for appellee Standard Oil Company (New Jersey).

Mr. Morton Hollander, Attorney, Department of Justice, with whom Asst. Atty. Gen. William H. Orrick, Jr., was on the brief, for appellees Udall and Moore.

Before WILBUR K. MILLER, Chief Judge, PHILLIPS, Senior United States Circuit Judge for the Tenth Circuit, and FAHY, Circuit Judge.

Petition for Rehearing by the Division July 30, 1962.

Petition for Rehearing En Banc Denied En Banc July 30, 1962.

PHILLIPS, Circuit Judge.

Standard Oil Company, a New Jersey corporation, brought an action against Stewart Udall, Secretary of the Interior, seeking a declaratory judgment adjudging § 10(b) of Oil Import Regulation No. 1, as amended and revised, promulgated by the Secretary, purportedly under Presidential Proclamation No. 3279 of...

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