MOBIL OIL CORP. v. DEPARTMENT OF ENERGY

No. 5-67.

678 F.2d 1083 (1982)

MOBIL OIL CORPORATION, Plaintiff-Appellee, v. DEPARTMENT OF ENERGY and James B. Edwards, Jr., Secretary of Energy, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided April 29, 1982.


Attorney(s) appearing for the Case

Robert C. Power, Dept. of Energy, Washington, D. C., with whom John P. McKenna, Larry P. Ellsworth, and David A. Engels, Dept. of Energy, Washington, D. C., were on the briefs, for defendants-appellants.

Thomas R. Trowbridge, III, New York City, with whom Donovan, Leisure, Newton & Irvine, Andrew J. Kilcarr, Daniel Bukovac, of Washington, D. C.; John G. Tucker, Orgain, Bell & Tucker, Beaumont, Tex.; and Charles S. Lindberg and William C. Streets (of counsel), Fairfax, Va., were on the brief, for plaintiff-appellee.

William H. Bode, Alfred Lawrence Toombs and John E. Varnum, Batzell, Nunn & Bode, Washington, D. C., were on the brief for amici curiae, Dixie Oil Co., et al.

Before JAMESON, DUNIWAY and ZIRPOLI, Judges.


JAMESON, Judge:

The Department of Energy (DOE) has appealed from an order enjoining the DOE from enforcing against Mobil Oil Corporation (Mobil) a regulation adopted on January 16, 1981 which retroactively repromulgated a Mandatory Petroleum Price Regulations amendment promulgated on April 30, 1974, which this court held invalid in Mobil Oil Corporation v. DOE, 610 F.2d 796 (TECA 1979), cert. denied, 446 U.S. 937, 100...

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