PENNZOIL CO. v. DEPARTMENT OF ENERGY

Civ. A. No. 78-335.

466 F.Supp. 238 (1979)

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

United States District Court, D. Delaware.

February 20, 1979.


Attorney(s) appearing for the Case

William O. LaMotte, III, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., John P. Mathis, and Randolph Q. McManus, 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., Paul Wallach, Office of General Counsel, Dept. of Energy, George Kielman and Dean S. Cooper, Office of Special Counsel, Dept. of Energy, Washington, D. C., for defendants.


OPINION

STAPLETON, District Judge:

Plaintiff Pennzoil Company ("Pennzoil") brought this action against the Department of Energy ("DOE") for a judicial determination of the validity of DOE Ruling 1975-15. (40 Fed.Reg. 40832, September 4, 1975). Jurisdiction is predicated on Section 211 of the Economic Stabilization Act of 1970, as amended, 12 U.S.C. § 1904 note at § 211, as incorporated in Section 502(a) of the Department of Energy Organization...

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