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EXXON CORP. v. UNITED STATES

Nos. DC-85, 5-59.

655 F.2d 1112 (1981)

EXXON CORPORATION, Appellant, v. UNITED STATES of America, Appellee. UNITED STATES DEPARTMENT OF ENERGY, Third-Party Defendant-Petitioner, v. JARVIS CHRISTIAN COLLEGE, The Meredith Foundation, Norma Rutherford and Frank Morrison, Jr., Plaintiffs-Respondents, and Exxon Corporation, Defendant-Respondent.

Temporary Emergency Court of Appeals.

Decided June 30, 1981.

As Amended July 20, 1981.

Attorney(s) appearing for the Case

David J. Beck, Fulbright & Jaworski, Houston, Tex., with whom David L. Tolin and Ronald D. Secrest, Houston, Tex., David R. Johnson, John M. Simpson, and Marc E. Chafetz, of Fulbright & Jaworski, Washington, D. C., and Barbara Finney, Exxon Corp., Houston, Tex., were on the brief, for Exxon Corp.

Larry P. Ellsworth, Dept. of Energy, Washington, D. C., with whom Thomas S. Martin, C. Max Vassanelli, and Richard A. Levie, Dept. of Justice, Washington, D. C., Daniel F. Shea, and George Kielman, Dean S. Cooper, and Gilbert T. Renaut, Dept. of Energy, Washington, D. C., were on the brief, for United States of America and United States Department of Energy.

William J. Murphy, Williams & Connolly, Washington, D. C., with whom Paul Martin Wolff, Washington, D. C., and Haynes & Boone, George W. Bramblett, Jr., and Noel M. B. Hensley, Dallas, Tex., and Wilson, Miller, Spivey, Sheehy, Knowles & Hardy, and John C. Hardy, Tyler, Tex., were on the motion, for plaintiffs-respondents in No. 5-59.

Before INGRAHAM, JAMESON and ZIRPOLI, Judges.

JAMESON, Judge.

This appeal involves the accommodation of two related actions in which Exxon is a defendant, and which pose the threat of conflicting decisions on identical issues. Exxon appeals from a preliminary injunction issued by the District Court for the District of Columbia in United States of America v. Exxon Corporation, ("D.C. Action"), ordering Exxon to dismiss its "Counterclaim, Joinder and Third Party Action" filed in Jarvis Christian College...

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