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ATLANTIC RICHFIELD CO. v. TRIBBITT

399 A.2d 535 (1977)

ATLANTIC RICHFIELD COMPANY, a corporation of the State of Pennsylvania, and Exxon Corporation, a corporation of the State of New Jersey, Plaintiffs, v. Sherman W. TRIBBITT, Governor of the State of Delaware, Richard R. Wier, Attorney General of the State of Delaware, John D. Daniello, Secretary of the Department of Community Affairs and Economic Development, Frances M. West, Director of the Division of Consumer Affairs of the Department of Community Affairs and Economic Development, John Doe, Administrator of the Office of Retail Gasoline Consumer Affairs, Defendants.

Court of Chancery of Delaware, New Castle.

Decided August 25, 1977.

Attorney(s) appearing for the Case

Louis J. Finger, and Allen M. Terrell, Jr., of Richards, Layton & Finger, Wilmington, for plaintiff Atlantic Richfield Co.

Thomas Herlihy, Jr., of Herlihy & Herlihy, Wilmington, and Robert G. Abrams, William Simon, and Stuart H. Harris, of Howrey & Simon, Washington, D. C., for plaintiff Exxon Corp.

A. Gary Wilson, and Carolyn Berger, Dept. of Justice, Wilmington, for defendants.

BROWN, Vice Chancellor.

In this consolidated action plaintiffs Atlantic Richfield Company and Exxon Corporation have sought a declaratory judgment and accompanying injunctive relief against the Governor and other State officials to prohibit the enforcement of certain provisions of the Retail Sales of Motor Fuel Statutes found at 6 Del.C. §§ 2901-2911. Plaintiffs attack the constitutionality of the statutes set forth hereafter for a variety of reasons...

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