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EXXON CORP. v. UNITED STATES

No. DC-75.

616 F.2d 526 (1980)

EXXON CORPORATION, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

Temporary Emergency Court of Appeals.

Decided February 26, 1980.

Attorney(s) appearing for the Case

David J. Beck, Fulbright & Jaworski, Houston, Tex., with whom David L. Tolin, Sr., and Ronald D. Secrest, Houston, Tex., Warren Belmar, David R. Johnson, John M. Simpson, Fulbright & Jaworski, Washington, D. C., and Barbara Finney, Exxon Corp., Houston, Tex., were on brief for defendant-appellant.

John P. McKenna and Larry P. Ellsworth, Dept. of Energy, Washington, D. C., with whom Richard H. Levi, Neal J. Tonken, Timothy D. Trushel, Dean S. Cooper, and Alice Daniels, Robert Franzinger, Dina Lassow, Dept. of Justice, Washington, D. C., were on brief for plaintiff-appellee.

Before MORGAN, PECK and LACEY, Judges.

MEMORANDUM

PER CURIAM.

This matter is an interlocutory appeal, pursuant to 28 U.S.C. § 1292(b) (1976), Fed. R.App.P. 5, and TECA Rule 1, of an order of the United States District Court for the District of Columbia, denying defendant-appellant's motion to dismiss the amended complaint under Fed.R.Civ.P. 12(b)(1) and 12(b)(6).

Plaintiff-appellee invoked the jurisdiction of the court below under section 209 of the Economic Stabilization Act of...

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