MARINE PETROLEUM COMPANY, Plaintiff-Appellee,
v.
CHAMPLIN PETROLEUM COMPANY, Defendant-Appellee, and
Charles W. Duncan (Successor to James R. Schlesinger) Secretary of Energy, Defendant-Appellant.
Temporary Emergency Court of Appeals.https://leagle.com/images/logo.png
Argued October 18, 1979.
Decided February 25, 1980.
Attorney(s) appearing for the Case
John P. McKenna, Dept. of Energy, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Dennis G. Linder, C. Max Vassanelli, and Stephanie Lachman Golden, of the Civil Division, Dept. of Justice, Washington, D. C., Paul G. Wallach and Alexander P. Humphrey IV, Dept. of Energy, Washington, D. C., and Neal J. Tonken, Paul M. Geier, and Dean S. Cooper, Dept. of Energy, Washington, D. C., were on the brief for defendant-appellant Secretary of Energy.
Cecil E. Munn, of Cantey, Hanger, Gooch, Munn & Collins, Fort Worth, Tex., with whom Charles A. Zubieta and Kerry R. Brittain, of Champlin Petroleum Company, Fort Worth, Tex., Richmond C. Coburn, of Coburn, Croft & Putzell, St. Louis, Mo., and Donald B. Craven, of Miller & Chevalier, Washington, D. C., were on the brief for defendant-appellee Champlin Petroleum Company.
Michael J. Madigan, of Akin, Gump, Hauer & Feld, Washington, D. C., with whom R. Bruce McLean, Edward L. Rubinoff, and Leslie K. Dellon, Washington, D. C., of the same firm, were on the brief for plaintiff-appellee Marine Petroleum Company.
Before GRANT, BECKER and BONSAL, Judges.
Temporary Emergency Court of Appeals.
WILLIAM H. BECKER, Judge.
I.
Decision On Jurisdiction Of This Appeal
The defendant-appellant Secretary of Energy (DOE for Department of Energy hereinafter) filed this appeal from an order of the district court denying a motion of DOE for judgment on the pleadings, which motion sought dismissal of DOE as a party to a private action, commenced by plaintiff-appellee Marine Petroleum Company (Marine...
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