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EXXON CORP. v. CITY OF NEW YORK

No. 2, Docket 74-1806.

548 F.2d 1088 (1977)

EXXON CORPORATION, Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Appellees. GETTY OIL CO. (EASTERN OPERATIONS), INC., et al., Plaintiffs-Appellants, v. The CITY OF NEW YORK, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 17, 1977.

Attorney(s) appearing for the Case

Kent Sinclair, Jr., New York City (Shearman & Sterling, Robert L. Norris, Houston, Joseph T. McLaughlin, New York City, of counsel), for plaintiff-appellant Exxon Corp.

Miles F. McDonald, New York City (Shea, Gould, Climenko & Casey, Richard F. Czaja, New York City, of counsel), for plaintiffs-appellants Getty Oil Co., Gulf Oil Co., Mobil Oil Corp. and Sun Oil Co. of Pa.

Evelyn J. Junge, New York City (W. Bernard Richland, Corp. Counsel, Alexander Gigante, Jr., New York City, of counsel), for defendants-appellees.

Before MULLIGAN and VAN GRAAFEILAND, Circuit Judges and GAGLIARDI, District Judge.

MULLIGAN, Circuit Judge:

Plaintiffs-appellants appeal from an opinion and order dated March 8, 1974 of the Hon. Charles E. Stewart, Jr., United States District Judge for the Southern District of New York, reported at 372 F.Supp. 335, denying their motion for summary judgment on Count I in their complaints. This otherwise unappealable interlocutory order is before the court pursuant to 28 U.S.C. § 1292(b). Since the only issue...

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