EXXON CORPORATION, Plaintiff-Appellant,
Ad Hoc Committee to Save Small Refiners, Amicus Curiae,
v.
FEDERAL ENERGY ADMINISTRATION and Frank G. Zarb, Defendants-Appellees,
Ashland Oil, Inc., Intervenor-Appellee, and
Independent Refiners Association of America, Intervenor-Appellee.
MARATHON OIL COMPANY, Plaintiff-Appellant,
Ad Hoc Committee to Save Small Refiners, Amicus Curiae,
v.
FEDERAL ENERGY ADMINISTRATION and Frank G. Zarb, Administrator, Defendants-Appellees,
Ashland Oil, Inc., Intervenor-Appellee,
Independent Refiners Association of America, Intervenor-Appellee,
Long Island Lighting Company et al.
Temporary Emergency Court of Appeals.https://leagle.com/images/logo.png
April 21, 1975.
Rehearings and Rehearings En Banc Denied June 6, 1975.
Attorney(s) appearing for the Case
William H. Allen, Washington, D. C., with whom John A. Hodges of Covington & Burling and Robert L. Norris, Jr., Houston, Tex., were on the brief for plaintiff-appellant Exxon Corp.
Joseph A. Califano, Jr., Washington, D. C., with whom Jerry L. Shulman and Peter B. Hamilton of Williams, Connolly & Califano, Washington, D. C., were on the brief, as amicus curiae ad hoc Committee to Save Small Refiners.
Patricia N. Blair, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., New York City, and Stanley D. Rose, Atty., Dept. of Justice, were on the brief, for defendants-appellees.
Fred W. Drogula, Washington, D. C., with whom David Ginsburg and Peter H. Rodgers of Ginsburg, Feldman & Bress, Washington, D. C., and Arloe W. Mayne, Ashland, Ky., of counsel, were on the brief, for intervenor-appellee Ashland Oil, Inc.
Edwin Jason Dryer, Washington, D. C., for intervenor-appellee Independent Refiners Association of America.
George Blow, Washington, D. C., with whom Kent B. Hampton, Gen. Counsel, John L. Oberdorfer, Gail F. Borden of Patton, Boggs & Blow, Washington, D. C., and Ralph S. Spritzer, Philadelphia, Pa., of counsel, were on the brief for plaintiff-appellant Marathon Oil Co.
John J. Adams, Washington, D. C., with whom Arnold H. Quint of Hunton, Williams, Gay & Gibson, Washington, D. C., George C. Freeman, Jr., and Allen C. Barringer of Hunton, Williams, Gay & Gibson, Richmond, Va., were on the brief, for amicus curiae Long Island Lighting Co., Public Service Electric and Gas Co. and Consolidated Edison Co. of New York, Inc.
Before HASTIE, CHRISTENSEN and HASTINGS, Judges.
Temporary Emergency Court of Appeals.
CHRISTENSEN, Judge:
To reach the merits of these appeals involving denial of applications for preliminary injunctions below, we again would have to surmount a jurisdictional obstacle already recognized with reference to the absence of certification under 28 U.S.C. § 1292(b).1
Both of the above-entitled cases now before us involve here the same jurisdictional problem and essentially the same issues on the merits. Each appellant...
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