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SUPERIOR OIL CO. v. ANDRUS

No. 80-2649.

656 F.2d 33 (1981)

The SUPERIOR OIL COMPANY and Pennzoil Oil & Gas, Inc., Plaintiffs-Appellants, v. Cecil D. ANDRUS, Secretary of the Interior, Frank Gregg, Director, Bureau of Land Management and H. William Menard, Director, United States Geological Survey, Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided July 27, 1981.

Attorney(s) appearing for the Case

John P. Mathis (argued), Charles M. Darling, IV, Marilyn Perry Jacobsen, Baker & Botts, Washington, D. C., Charles F. Richards, Jr., Richards, Layton & Finger, Wilmington, Del., for plaintiffs-appellants The Superior Oil Company and Pennzoil Oil & Gas, Inc.; R. T. Robberson, Patrick F. Timmons, John M. Young, Donald C. Bishop, Houston, Tex., of counsel.

Anthony C. Liotta, Acting Asst. Atty. Gen., Anne S. Almy, Laura Frossard (argued), Attys., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before ADAMS, and GARTH, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal requires us to determine whether, under the venue provisions of the Outer Continental Shelf Lands Act ("OCSLA"), 43 U.S.C. § 1349(b)(1), the government "may be found" as a defendant, and therefore sued, in the District of Delaware.

This action was brought by the plaintiff oil companies against various government officials under OCSLA. The plaintiffs filed their complaint and alleged...

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