KOCH REFINING CO. v. UNITED STATES DEPT. OF ENERGY

Nos. CIVIL 4-80-292, CIVIL 4-80-315.

497 F.Supp. 879 (1980)

KOCH REFINING COMPANY, a Delaware Corporation, Plaintiff, and Ashland Oil, Inc., a Kentucky Corporation, Plaintiff-Intervenor, v. UNITED STATES DEPARTMENT OF ENERGY, Charles W. Duncan, Jr., Secretary, United States Department of Energy, Robert G. Bidwell, Jr., Chief of Crude Oil Allocations, Economic Regulatory Administration, United States Department of Energy, and Melvin Goldstein, Esq., Director, United States Department of Energy, Office of Hearings and Appeals, Defendants, and Mobil Oil Corporation, Defendant-Intervenor. STATE OF MINNESOTA, by its Attorney General Warren Spannaus and its Energy Agency, Plaintiff, v. UNITED STATES DEPARTMENT OF ENERGY, Charles W. Duncan, Jr., Secretary, United States Department of Energy, Robert G. Bidwell, Jr., Chief of Crude Oil Allocations, Economic Regulatory Administration, United States Department of Energy, and Melvin Goldstein, Esq., Director, United States Department of Energy, Office of Hearings and Appeals, Defendants, and Mobil Oil Corporation, Defendant-Intervenor.

United States District Court, D. Minnesota, Fourth Division.

August 18, 1980.


Attorney(s) appearing for the Case

Joe A. Walters, William E. Flynn, and Douglas J. Franzen, O'Connor & Hannan, Minneapolis, Minn., for plaintiff Koch Refining Company.

Gordon G. Busdicker, James B. Loken, and John F. Beukema, Faegre & Benson, Minneapolis, Minn., for plaintiff-intervenor Ashland Oil, Inc.

James Hamilton, Ginsburg, Feldman, Weil & Bress, Washington, D. C., for plaintiff Koch Refining Company and plaintiff-intervenor Ashland Oil, Inc.

Warren R. Spannaus, Atty. Gen., State of Minnesota, and Dwight S. Wagenius and William P. Donohue, Special Asst. Attys. Gen., St. Paul, Minn., for plaintiff State of Minnesota.

Thomas K. Berg, U. S. Atty., and Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., and Sandra K. Webb and Samuel Soopper, U. S. Dept. of Energy, Washington, D. C., for defendants U. S. Department of Energy, Charles W. Duncan, Jr., Robert G. Bidwell, Jr., and Melvin Goldstein.

Thomas C. Kayser and Gary J. Haugen, Robins, Davis & Lyons, Minneapolis, Minn., Michael J. Madigan, Edward L. Rubinoff, and David A. Holzworth, Akin, Gump, Hauer & Feld, Washington, D. C. (William C. Streets, Mobil Oil Corporation, New York City, of counsel), for defendant-intervenor Mobil Oil Corp.


MEMORANDUM INCORPORATING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR A PRELIMINARY INJUNCTION

MacLAUGHLIN, District Judge.

This matter is before the Court on the motions of plaintiff Koch Refining Company (hereinafter "Koch"), Ashland Oil, Inc. (hereinafter "Ashland"), and the State of Minnesota for a preliminary injunction barring the reclassification of Koch and Ashland oil refineries under the Canadian Allocation Program (hereinafter "CAP"). This...

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