CITRONELLE-MOBILE GATHERING, INC. v. EDWARDS

Nos. 5-60, 5-61.

669 F.2d 717 (1982)

CITRONELLE-MOBILE GATHERING, INC., et al., Plaintiffs-Appellants, v. James B. EDWARDS, Secretary of Energy, et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided January 21, 1982.


Attorney(s) appearing for the Case

Keith A. Jones, Fulbright & Jaworski, Washington, D.C., with whom Campbell Killerfer and John M. Simpson, Washington, D.C., of the same firm; and G. Sage Lyons and John P. Courtney, III, Lyons, Pipes & Cook, Mobile, Ala., were on the brief for plaintiffs-appellants.

Brian G. Kennedy, Civil Division, Dept. of Justice, Washington, D.C., with whom Stuart E. Schiffer, Acting Asst. Atty. Gen. and R. John Seibert, Washington, D.C., of the same agency; and Larry P. Ellsworth and Diana D. Clark, Office of Gen. Counsel, Dept. of Energy, Washington, D.C., were on the brief for defendants-appellees.

James F. Flug, Ruth M. Weisgall, Lee Ellen Helfrich, Lobel, Novins & Lamont, Washington, D.C., for the State of California, amicus curiae.

John P. Mathis, Catherine C. Wakelyn, Baker & Botts, Washington, D.C., and John F. Salisbury, Alden F. Whitehead, John F. Hornbostel, Jr., New York City, National Distillers and Chemical Corp. for Nat. Distillers and Chemical Corp. and Nat. Hydrocarbons, Inc., amicus curiae.

David L. Roll, Richard H. Porter, Carol A. Rhees, Steptoe & Johnson, Washington, D.C., for Texaco, Inc., et al., amici curiae.

Before SPEARS, HEMPHILL and POINTER, JJ.


HEMPHILL, Judge.

This litigation involves four cargo shipments of crude oil which were sold and shipped from appellants, Citronelle-Mobile Gathering, Inc. ("Gathering"), and Citmoco Services, Inc. ("Citmoco"), to the Grand Bahamas Petroleum Company ("PETCO") in the commonwealth of the Bahamas, pursuant to four export licenses issued by the Department of Commerce. These shipments were made pursuant to agreements between Bart Chamberlain, principal officer and principal...

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