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PENNZOIL CO. v. DEPARTMENT OF ENERGY

Civ. A. No. 78-335.

480 F.Supp. 1126 (1979)

PENNZOIL COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY and James R. Schlesinger, Secretary, Department of Energy, Defendants.

United States District Court, D. Delaware.

November 2, 1979.

Attorney(s) appearing for the Case

William O. LaMotte, III, and Richard D. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., John P. Mathis and Randolph Q. McManus of Baker & Botts, Washington, D.C., James W. Shaddix and Jay G. Martin, Pennzoil Co., Houston, Tex., for plaintiff.

James W. Garvin, Jr., U.S. Atty., John H. McDonald, Asst. U.S. Atty., Wilmington, Del., Larry P. Ellsworth, Richard H. Levi, and Barbara J. Erickson, Dept. of Energy, George Kielman and Dean S. Cooper, Dept. of Energy, Washington, D.C., for defendants.

OPINION

STAPLETON, District Judge:

I. INTRODUCTION.

Plaintiff Pennzoil Company ("Pennzoil") brought this action against the Department of Energy and the Secretary of Energy (collectively, "DOE")1 to obtain a judicial determination of the validity of DOE Ruling 1975-15. 40 Fed.Reg. 40832 (Sept. 4, 1975). Now before me are the DOE's motion to join the United States as a party defendant and Pennzoil's motion to toll or...

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