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GETTY OIL COMPANY v. SKELLY OIL COMPANY

267 A.2d 883 (1970)

GETTY OIL COMPANY, a Delaware corporation, Plaintiff Below, Appellant, v. SKELLY OIL COMPANY, a Delaware corporation, Defendant Below, Appellee. SKELLY OIL COMPANY, a Delaware corporation, Defendant Below, Appellee and Cross-Appellant, v. GETTY OIL COMPANY, a Delaware corporation, Plaintiff Below, Appellant and Cross-Appellee.

Supreme Court of Delaware.

June 1, 1970.

Attorney(s) appearing for the Case

Henry M. Canby and Richard F. Balotti, of Richards, Layton & Finger, William S. Potter and Charles S. Crompton, Jr., of Potter, Anderson & Corroon, Wilmington, and Hecht, Hadfield, Hays, Landsman & Head, New York City, for Getty.

James M. Tunnell, Jr., Walter K. Stapleton and William O. LaMotte, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, and Covington & Burling, Washington, D. C., for Skelly.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal and cross-appeal from a declaratory judgment action brought by a corporate parent for the purpose of determining its duty, if any, to share oil import allocations with its subsidiary.

Getty Oil Company (Getty), a Delaware corporation, owns (through Mission Corporation, a publicly owned holding company) 71% of the stock of Skelly Oil

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