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MOBIL OIL v. DEPT. OF ENERGY

No. 5-36.

610 F.2d 796 (1979)

MOBIL OIL CORPORATION, Plaintiff-Appellee, v. DEPARTMENT OF ENERGY and Charles W. Duncan, Jr., Secretary of Energy, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided November 19, 1979.

Attorney(s) appearing for the Case

Thomas P. Humphrey, II, Washington, D.C., with whom Sandra K. Webb and Geraldine O'Donnell, Dept. of Energy, Stuart E. Schiffer, Acting Asst. Atty. Gen., Dennis G. Linder, C. Max Vassanelli and Sheila Lieber, Dept. of Justice, Washington, D.C., were on the brief for defendants-appellants.

Thomas R. Trowbridge, III, New York City, with whom Daniel Bukovac, Donovan, Leisure, Newton & Irvine, New York City and Andrew J. Kilcarr, Donovan, Leisure, Newton & Irvine, Washington, D.C., Charles S. Lindberg and William C. Streets, Mobil Oil Corp., New York City and John G. Tucker, Orgain, Bell & Tucker, Beaumont, Tex., were on the brief for plaintiff-appellee.

Before INGRAHAM, MORGAN and GEWIN, Judges.

INGRAHAM, Judge.

This appeal by the defendant Department of Energy (DOE) arises from a decision of the district court that an April 30, 1974 amendment to the Mandatory Petroleum Price Regulations in Subpart E of Title 10 of the Code of Federal Regulations is null and void.1 Having traversed all the prescribed avenues for administrative relief, and finding each one a cul-de-sac, the plaintiff Mobil Oil Corporation brought this action in...

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