PEOPLE OF STATE OF CALIFORNIA, STATE LANDS COM'N v. SIMON

No. 9-12.

504 F.2d 430 (1974)

PEOPLE OF the STATE OF CALIFORNIA, Acting By and Through the STATE LANDS COMMISSION, et al., Plaintiffs-Appellees, and State of Louisiana, Plaintiff Intervenor-Appellee, v. William E. SIMON et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

As Modified August 14, 1974.


Attorney(s) appearing for the Case

Jay L. Shavelson, Asst. Atty. Gen., with whom Evelle J. Younger, Atty. Gen., Warren J. Abbott, and Richard A. Haft, Deputy Attys. Gen., Los Angeles, Cal., were on the brief, for plaintiffs-appellees, People of State of California.

Robert F. Shannon, with whom Leonard Putnam, City Atty., Harold A. Lingle, and Robert W. Parkin, Deputy City Attys., of City of Long Beach, Cal., were on the brief, for plaintiff-appellee, City of Long Beach.

E. F. Barnett, Lake Charles, La., with whom Camp, Carmouch, Palmer, Carwile & Barsh, Lake Charles, La., were on the brief, for plaintiff-intervenor-appellee, State of Louisiana.

Allen W. Hausman, Atty., Dept. of Justice, Washington, D. C., with whom Carla A. Hills, Asst. Atty. Gen., and Stanley D. Rose and Bruce G. Forrest, Attys., Dept. of Justice, Washington, D. C., were on the brief, for defendants-appellants.

Richard A. Del Guercio, Los Angeles, Cal., with whom Demetriou & Del Guercio, James R. Jurecka, Los Angeles, Cal., and Joseph A. Helyer, were on the brief, for amici curiae Edgington Oil Co., and Independent Refiners Ass'n of California.

John E. Sparks, San Francisco, Cal., with whom Robert C. Maddox, and Brobeck, Phleger & Harrison, San Francisco, Cal., were on the brief, for amicus curiae Union Oil Co. of California.

Before CARTER, CHRISTENSEN, and ESTES, Judges.


CHRISTENSEN, Judge.

The decisive issue on this appeal is whether the Federal Energy Office (FEO) had already terminated a rule making proceeding initiated by its predecessor The Cost of Living Council (CLC) when it rescinded the state and local government exemption of crude oil from price controls in reliance upon, and effective as of the date of, the CLC's original rule making notice contemplating such action. We are told...

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