GULF OIL CORP. v. UNITED STATES DEPT. OF ENERGY

No. 80-2096.

663 F.2d 296 (1981)

GULF OIL CORPORATION, et al. v. UNITED STATES DEPARTMENT OF ENERGY, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1981.


Attorney(s) appearing for the Case

Michael T. Scott, Atty., Dept. of Justice, Washington, D. C., with whom Dennis G. Linder, Atty., Dept. of Justice, and Nancy C. Crisman, Atty., Dept. of Energy, Washington, D. C., were on brief for appellants.

Donald B. Craven, Washington, D. C., with whom Mark L. Evans, Craig Miller and James P. Tuite, Washington, D. C., were on brief for appellee, Gulf Oil Corp.

Richard H. Porter, Washington, D. C., with whom Steven H. Brose and Samuel T. Perkins, Washington, D. C., were on brief for appellee, Atlantic Richfield Co.

Roland W. Selman and Nina H. Questal, Washington, D. C., were on brief for appellee, Chevron, U.S.A., Inc.

Before ROBINSON, Chief Judge, and WALD and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

Opinion concurring in the judgment filed by Circuit Judge GINSBURG.

WALD, Circuit Judge:

This case raises a difficult question in a troubling and unusual context: whether a district court may intervene in an ongoing administrative adjudicatory proceeding to expand discovery into an alleged pattern of wrongdoing by agency officials that could affect the outcome of the proceeding. The alleged wrongdoing...

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