GOVERNOR v. EXXON CORP.

[No. 10, September Term, 1976.]

279 Md. 410 (1977)

370 A.2d 1102

GOVERNOR OF THE STATE OF MARYLAND ET AL. v. EXXON CORPORATION ET AL.

Court of Appeals of Maryland.

Motion for stay of mandate filed March 17, 1977.

Filed March 18 and 1 March 21, 1977.

All motions denied April 13, 1977.

Certiorari granted October 3, 1977.

Judgment affirmed, June 14, 1978.


Attorney(s) appearing for the Case

Jon F. Oster, Deputy Attorney General, and John A. Woodstock, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Stephen M. Cordi, Glenn E. Bushel, Steven P. Resnick and Thomas M. Wilson, III, Assistant Attorneys General, on the brief, for appellants.

Amici curiae brief filed by Day Enterprises, Inc., etc., Booth's, Inc., Dolan Enterprises, Inc. and PLB Industries, Inc., Robert G. Levy, George W. Liebmann and Frank, Bernstein, Conaway & Goldman on the brief.

Lewis A. Noonberg, with whom were William L. Marbury, David F. Tufaro, Piper & Marbury and Richard P. Delaney on the brief, for appellee Exxon Corporation. William Simon, with whom were Robert G. Abrams, Howrey & Simon, George W. Shadoan, Shadoan & Mack and A.M. Minotti on the brief, for appellee Shell Oil Company. Lawrence S. Greenwald, with whom were Gordon, Feinblatt, Rothman, Hoffberger & Hollander on the brief, for appellee Gulf Oil Corporation. Wilbur D. Preston, Jr., with whom were Stanley B. Rohd and Whiteford, Taylor, Preston, Trimble & Johnston on the brief, for appellees Continental Oil Company and Kayo Oil Company. Richard A. Reid, with whom were Royston, Mueller & McLean on the brief, for appellees Petroleum Marketing Corporation and Commonwealth Oil Refining Company, Inc. Fred W. Drogula, with whom were David Ginsburg, James E. Wesner, Ginsburg, Feldman & Bress, David F. Albright, Semmes, Bowen & Semmes and Arloe W. Mayne, General Counsel, on the brief, for appellee Ashland Oil, Inc. Submitted on brief by J. Edward Davis, Daniel T. Doherty and Weinberg & Green for appellee Phillips Petroleum Company.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and JAMES C. MORTON, JR., and RIDGELY P. MELVIN, JR., Associate Judges of the Court of Special Appeals, specially assigned.


3 motions for reconsideration

see opinion by Eldridge, J., at 456.

Certiorari granted, Supreme Court of the United States, October 3, 1977, sub nom. Exxon Crop. v. Governor of Maryland and Judgment affirmed, June 14, 1978.

ELDRIDGE, J., delivered the opinion of the Court.

In this case we are presented with several questions concerning the constitutionality of Chapter 854 of the Laws of Maryland of 1974, as amended by Chapter 608 of the Laws...

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