TEXACO INC. v. DEPARTMENT OF ENERGY

Nos. DC-52 to DC-54.

616 F.2d 1193 (1979)

TEXACO INC. et al., Plaintiffs-Appellees, v. DEPARTMENT OF ENERGY et al., Defendants-Appellants. CLARK OIL AND REFINING COMPANY et al., Plaintiffs-Appellees, v. DEPARTMENT OF ENERGY et al., Defendants-Appellants. INDEPENDENT REFINERS ASSOCIATION OF AMERICA, Plaintiffs-Appellants. v. DEPARTMENT OF ENERGY et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided October 15, 1979.


Attorney(s) appearing for the Case

Barbara J. Weller, Atty., Federal Energy Regulatory Commission, Washington, D. C. (Robert R. Nordhaus, Gen. Counsel, and Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, Washington, D. C., with her on the brief), for defendant-appellant Federal Energy Regulatory Commission.

David Galbraith, Ginsburg, Feldman & Bress, Washington, D. C. (Fred W. Drogula, Ginsburg, Feldman & Bress, Washington, D. C., with him on the brief), for defendant-appellant Commonwealth Oil Refining Co., Inc.

Donald B. Craven, Miller & Chevalier, Washington, D. C. (Jay L. Carlson and Craig D. Miller, Miller & Chevalier, Washington, D. C., with him on the brief); and Stephen H. Bard and Elizabeth P. Smith, White Plains, N. Y., Charles S. Lindberg, William Streets and Francis A. Rowen, Jr., New York City; W. J. McAnelly, Jr., Barbara Finney and Edward de la Garza, Houston, Tex., with him on the brief, for plaintiffs-appellees Texaco, Inc., Mobil Oil Corp. and Exxon Corp.

Timothy J. Bloomfield, Dunnells, Duvall, Bennett & Porter, Washington, D. C., and Edwin Jason Dryer, Washington, D. C., on the brief, for plaintiff-appellee Independent Refiners Assn. of America.

Timothy J. Bloomfield, Dunnells, Duvall, Bennett & Porter, Washington, D. C., and Terry A. Barnett and Richard W. Bowe, Cladouhos & Brashares, Washington, D. C., on the brief, for plaintiffs-appellees Clark Oil & Refining Corp. and Crown Central Petroleum Corp.

Before HOFFMAN, JOHNSON and GEWIN, Judges.


FRANK M. JOHNSON, Jr., Judge.

This is an appeal from orders entered August 29, 1978, and November 14, 1978, by the United States District Court for the District of Columbia. The consolidated cases concern challenges to an interim order of the Department of Energy (DOE) granting adjustment relief under the oil entitlements program to Commonwealth Oil Refining Co. (Corco).

The background to this dispute is an effort by the DOE to stimulate the production of...

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