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SUN OIL COMPANY v. UNITED STATES

No. 806-71.

514 F.2d 1020 (1975)

SUN OIL COMPANY and the Superior Oil Company v. The UNITED STATES, Marathon Oil Company, Intervenor.

United States Court of Claims.

April 16, 1975.

Attorney(s) appearing for the Case

Edgar H. Brenner, Washington, D. C., attorney of record, for plaintiff The Superior Oil Co. Abe Krash, James A. Dobkin, David Bonderman, Arnold & Porter, Washington, D. C., of counsel.

Theodore L. Garrett, Washington, D. C., for plaintiff Sun Oil Co. Henry P. Sailer, Washington, D. C., attorney of record. Covington & Burling, Washington, D. C., of counsel.

Richard A. Baenen, Washington, D. C., attorney of record for Intervenor Marathon Oil Co. Patricia Brown, Wilkinson, Cragun & Barker, Washington, D. C., of counsel.

Myles E. Flint, with whom was Asst. Atty. Gen. Wallace H. Johnson, for defendant. Andrew F. Walch, Atty., Dept. of Justice, Washington, D. C., of counsel.

Herbert J. Miller, Jr., Washington, D. C., for Richard M. Nixon. Thomas D. Rowe, Jr., William H. Jeffress, Jr., R. Stan Mortenson, Miller, Cassidy, Larroca & Lewin, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS and BENNETT, Judges.

PER CURIAM:

The question here at issue is whether or not a former President of the United States, a private citizen, can maintain absolute privilege as to certain White House papers sought on motion for discovery by plaintiffs in a civil suit. The question does not appear to have been finally decided heretofore by a federal court.

Plaintiffs are oil companies that have leased from the United States an area off the coast of California, in the Santa Barbara...

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