SHAPP v. SIMON

No. 3-4.

510 F.2d 379 (1975)

Milton J. SHAPP et al., Plaintiffs-Appellants, v. William E. SIMON et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

January 13, 1975.


Attorney(s) appearing for the Case

Lawrence Silver, Deputy Atty. Gen., Dept. of Justice, and James R. Adams, Harrisburg, Pa., Com. of Pa., on the brief for plaintiffs-appellants.

Allen W. Hausman, Washington, D. C., Carla A. Hills, Asst. Atty. Gen., New York City, Stanley Rose and Christopher Was, Dept. of Justice, Washington, D. C., with him on the brief for defendants-appellees government.

William Simon and Keith E. Pugh, Jr., Washington, D. C., on the brief for defendant-appellee Shell Oil Co.

Edmund K. Trent and James J. Restivo, Jr., Pittsburgh, Pa., on the joint brief for plaintiffs-appellees Pennzoil Co. and United Refining Co., adopting by reference the brief of defendant-appellee Shell Oil Co.

John C. Detweiler, Valley Forge, Pa., on the brief for defendant-appellee Mobil Oil Corp.

Alfred W. Cortese, Jr., Philadelphia, Pa., for appellee Amoco Oil Co.; Richard G. Schneider, Philadelphia, Pa., and C. Lansing Hays, Jr., New York City, for appellee Getty Oil Co. (Eastern Operations); John G. Harkins, Jr., and Barbara W. Mather, Philadelphia, Pa., for appellees Continental Oil Co. and Crown Central Petroleum Corp.; David F. Albright and Richard M. Kremen, Baltimore, Md., for appellee Petroleum Marketing Corp., adopting by reference the brief of Shell Oil Co.

Before HASTIE, CHRISTENSEN and JOHNSON, Judges.


ON SUGGESTION FOR REMOVAL FROM THE DISTRICT COURT

PER CURIAM:

The posture of this case is unusual in that its removal to the Temporary Emergency Court of Appeals for trial and adjudication of all issues is proposed before any part of the controversy has been decided by the district court in which suit was properly brought.

In the district court, the Commonwealth of Pennsylvania and the Governor and other high officers of that state sued the Federal...

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