STERTZ v. GULF OIL CORP.

Nos. 2-27, 2-28.

685 F.2d 1367 (1981)

Joseph STERTZ and Louis De Nicola, Plaintiffs-Appellees, v. GULF OIL CORPORATION, Defendant-Appellee, and Charles W. Duncan, Jr., Secretary of the Department of Energy, Stakeholder-Appellant. Jeffrey A. WEINER, Plaintiff-Appellee, v. GULF OIL CORPORATION, Defendant-Appellee, and Charles W. Duncan, Jr., Stakeholder-Appellant.

Temporary Emergency Court of Appeals.

Decided March 25, 1981.


Attorney(s) appearing for the Case

Ben Wiles, Asst. U. S. Atty., Dept. of Justice, Brooklyn, N. Y., with whom Edward R. Korman, U. S. Atty., E. D. N. Y. and Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y., David A. Engels, Dept. of Energy, Washington, D. C., and Paul M. Geier and Dean S. Cooper, Sp. Counsel, Dept. of Energy, Washington, D. C., were on the brief, for appellant.

Douglas P. Null, Null & Null, P. C., Garden City, N. Y., with whom Miriam P. Null, Garden City, N. Y., was on the brief, for appellees (Stertz and De Nicola).

John W. Castles, 3d, Michael J. Murphy and Banks Brown, Lord, Day & Lord, New York City, were on the brief, for appellee (Gulf Oil Corp.).

Before GIGNOUX, METZNER and LACEY, Judges.


GIGNOUX, Judge.

The Secretary of the Department of Energy (DOE) appeals from that part of an order of the United States District Court for the Eastern District of New York which denied DOE's motion for judgment on the pleadings in an action brought by plaintiffs Joseph Stertz and Louis DeNicola against Gulf Oil Corporation (Gulf) and DOE under Section 210 of the Economic Stabilization Act of 1970, as amended, 12 U.S.C. ...

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