CITIES SERVICE CO. v. GOVERNOR

[No. 154, September Term, 1979.]

290 Md. 553 (1981)

431 A.2d 663

CITIES SERVICE COMPANY ET AL. v. GOVERNOR, STATE OF MARYLAND ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed July 17, 1981.

Denied August 20, 1981.


Attorney(s) appearing for the Case

James J. Doyle, Jr., with whom were Milton Eisenberg, John T. Boese, Joyce A. Rechtschaffen, Darrell A. Kelsey and Phyllis Garbe Merrill on the brief, for appellants.

Michael F. Brockmeyer, Assistant Attorney General, with whom were George A. Nilson, Deputy Attorney General, Charles O. Monk, II, Gerald Langbaum and Timothy J. Shearer, Assistant Attorneys General, on the brief, for appellees Governor of Maryland et al. Thomas M. Wilson, III, with whom were John B. Isbister and Tydings & Rosenberg on the brief, for appellee Charles T. Gladstone, Jr. K. Donald Proctor, with whom were Richard P. Kidwell and Miles & Stockbridge on the brief, for appellee Southern States Cooperative, Inc. Francis B. Burch, with whom was Robert L. Flanagan on the brief, for appellee Montgomery Ward & Co., Inc.

Amicus curiae brief filed by Tesoro Petroleum Corporation and Tesoro Gasoline Marketing Company, David Albright, Fred W. Drogula, Patricia N. Blair and Franklin T. Caudill on the brief.

Amicus curiae brief filed by The Meadville Corporation, Wilbur D. Preston, Jr., Gerson B. Mehlman and Whiteford, Taylor, Preston, Trimble & Johnston on the brief.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ., and JAMES C. MORTON, JR., Associate Judge of the Court of Special Appeals, specially assigned.


ELDRIDGE, J., delivered the opinion of the Court.

In Maryland, producers or refiners of petroleum products are generally prohibited from operating retail gasoline service stations with their own personnel or with a subsidiary company. In 1979, the Maryland Legislature enacted two exceptions to this prohibition, one of which, it is claimed, in practical effect allows only one producer and refiner of petroleum products (the Mobil Corporation) to continue operating retail...

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