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EXXON CORPORATION v. CITY OF NEW YORK

Nos. 916, 927, Dockets 73-1481, 73-1497.

480 F.2d 460 (1973)

EXXON CORPORATION, Plaintiff-Appellant, v. The CITY OF NEW YORK et al., Defendants-Appellees. GETTY OIL CO. (EASTERN OPERATIONS), INC., et al., Plaintiffs-Appellants, v. The CITY OF NEW YORK et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 17, 1973.

Attorney(s) appearing for the Case

Joseph T. McLaughlin, New York City (Shearman & Sterling, New York City, Robert L. Clare, Jr., George J. Wade and Kent Sinclair, Jr., New York City, of counsel), for plaintiff-appellant, Exxon Corp.

Miles F. McDonald, New York City (Shea Gould, Climenko & Kramer, Jesse Climenko and Robert Gold, New York City, of counsel), for plaintiffs-appellants, Getty Oil Co. (Eastern Operations), Inc., Gulf Oil Co. — U. S. Mobile Oil Corp., and Sun Oil Co. of Pa.

Evan A. Davis, New York City (Norman Redlich, Corp. Counsel, Evelyn J. Junge and Alexander Gigante, Jr., New York City, of counsel), for defendants-appellees.

David Schoenbrod, New York City for amici curiae, Natural Resources Defense Council, Inc., Citizens Committee to End Lead Poisoning, NYC Clean Air Campaign and Uniformed Bridge and Tunnel Officers, Local 1396, AGSCME.

Before MULLIGAN and TIMBERS, Circuit Judges, and JAMESON, District Judge.

MULLIGAN, Circuit Judge:

Plaintiff Exxon Corporation commenced an action on March 9, 1973 and plaintiffs Getty Oil Co., Gulf Oil Co., Mobil Oil Corporation and Sun Oil Company instituted another action on March 14, 1973, seeking declaratory and injunctive relief against the enforcement of Sections 1403.2-13.11 and 13.121 of the Administrative Code of the City of New York which prescribe the maximum...

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