CITIES SERVICE CO. v. F. E. A.

No. DC-34.

529 F.2d 1016 (1975)

CITIES SERVICE COMPANY and Cities Service Oil Company, Plaintiffs-Appellants, Gulf Oil Corporation et al., Amici Curiae, v. FEDERAL ENERGY ADMINISTRATION and Frank G. Zarb, Defendants-Appellees, and Ashland Oil, Inc., Amicus Curiae.

Temporary Emergency Court of Appeals.

December 31, 1975.


Attorney(s) appearing for the Case

Paul A. Lenzini, with whom Lawrence I. Abrams and Carl W. Ulrich, Chapman, Duff & Lenzini, Washington, D. C., and Charles V. Wheeler and Jack W. Wertz, Cities Service Oil Co., Tulsa, Okl., were on the brief for plaintiffs-appellants.

Jesse P. Luton, Jr., with whom Catherine C. McCulley, Gulf Oil Corp., Houston, Tex., were on the brief as amicus curiae Gulf Oil Corp.

William H. Allen, with whom John A. Hodges, Covington & Burling, Washington, D. C., and Robert L. Norris, Jr., Exxon Corp., Houston, Tex., were on the brief as amicus curiae Exxon Corp.

George Blow, with whom John Oberdorfer and Gail F. Borden, Patton, Boggs & Blow, Washington, D. C., and Kent B. Hampton, Marathon Oil Co., Findlay, Ohio, and Ralph S. Spritzer, Philadelphia, Pa., of counsel, were on the brief as amicus curiae Marathon Oil Co.

Ray B. Williamson, Shank, Irwin, Conant, Williamson & Grevelle, Dallas, Tex., on the brief as amicus curiae Hunt Oil Co.

Patricia N. Blair, Dept. of Justice, with whom Rex E. Lee, Asst. Atty. Gen., and Stanley D. Rose, Washington, D. C., were on the brief for defendants-appellees.

David Ginsburg, with whom Fred W. Drogula and Peter H. Rodgers, Ginsburg, Feldman & Bress, Washington, D. C., and Arloe W. Mayne, Ashland, Ky., of counsel, Ashland Oil, Inc., were on the brief for amicus curiae Ashland Oil, Inc.

Before CHRISTENSEN, ESTES and JOHNSON, Judges.


ESTES, Judge.

This suit was commenced in the United States District Court for the District of Columbia by Cities Service Company and its wholly-owned subsidiary Cities Service Oil Company (Cities Service), plaintiffs-appellants, to obtain injunctive relief from all or part of their purchase obligations under the Old Oil Entitlements Program,1 10 CFR § 211.67 (Entitlements Program), 39 FR 42,246 (Dec. 4, 1974), and a declaratory judgment...

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