TEXACO, INC. v. FEDERAL ENERGY ADMINISTRATION

Nos. DC-35-DC-37.

531 F.2d 1071 (1976)

TEXACO, INC., et al., Plaintiffs-Appellants, v. FEDERAL ENERGY ADMINISTRATION et al., Defendants-Appellees, United States of America et al., Intervenors-Appellees, The Shell Company (Puerto Rico) Ltd., Amicus Curiae.

Temporary Emergency Court of Appeals.

Decided February 9, 1976.

Certiorari Denied June 14, 1976.


Attorney(s) appearing for the Case

William O. LaMotte, III, of Morris, Nichols, Arsht & Tunnell, with whom Richard D. Allen, Wilmington, Del., and Jo V. Morgan, Jr., of Whiteford, Hart, Carmody & Wilson, Washington, D. C., were on the brief, for appellants Texaco, Inc. and Texaco Puerto Rico, Inc.

Andrew J. Kilcarr, of Donovan, Leisure, Newton & Irvine, Washington, D. C., with whom Allan R. Freedman, of Donovan, Leisure, Newton & Irvine, New York City, was on the brief, for appellants Mobil Oil Corp. and Mobil Oil Caribe, Inc.

William H. Allen, of Covington & Burling, Washington, D. C., with whom John A. Hodges, Washington, D. C., was on the brief, for appellants Exxon Corp. and Esso Standard Oil S.A., Ltd.

Paul T. Michael, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., and Stanley D. Rose, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellees and for the United States as intervenor-appellee.

Benton L. Becker, of Cramer, Haber & Becker, Washington, D. C., with whom Larry M. Lavinsky, of Proskauer, Rose, Goetz & Mendelsohn, New York City, and Foley, Lardner, Hollabaugh & Jacobs, Washington, D. C., of counsel, were on the brief, for intervenor-appellee Commonwealth Oil Refining Co., Inc.

Lynn R. Coleman, of Vinson, Elkins, Searls, Connally & Smith, Washington, D. C., with whom Mary Jane Reynolds, Washington, D. C., was on the brief, for intervenor-appellee Commonwealth of Puerto Rico.

Paul J. Mode, Jr., C. Loring Jetton, Jr. and Robert G. Wilson, of Wilmer, Cutler & Pickering, Washington, D. C., on the brief for amicus curiae The Shell Co. (Puerto Rico) Ltd.

Before CARTER, CHRISTENSEN and JOHNSON, Judges.


Certiorari Denied June 14, 1976. See 96 S.Ct. 2662.

CHRISTENSEN, Judge.

These three cases were considered together in the district court and there decided by separate judgments.1 Now consolidated for the purposes of this appeal, all involve basically the same question: whether a mandatory regulation2 governing the pricing of petroleum products in Puerto Rico...

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