PENNZOIL COMPANY, Plaintiff-Appellant,
v.
UNITED STATES DEPARTMENT OF ENERGY, Secretary James B. Edwards, and the United States of America, Defendants-Appellees,
Exxon Corporation; Texas Independent Producers and Royalty Owners Association; Caldwell Schools, Inc., et al., Nancy Abernathy, et al., and O. B. Mobley, Jr., Amici Curiae.
Temporary Emergency Court of Appeals.https://leagle.com/images/logo.png
Argued November 13, 1981.
Decided April 6, 1982.
As Corrected April 22, 1982.
Rehearing Denied May 17, 1982.
Attorney(s) appearing for the Case
John P. Mathis, Baker & Botts, Washington, D. C., with whom Randolph O. McManus, Washington, D. C., of the same firm; Perry O. Barber, Jr., James W. Shaddix and Jay G. Martin, Pennzoil Co., Houston, Tex., and Bruce M. Stargatt and Jack B. Jacobs, Wilmington, Del., of counsel, Young, Conaway, Stargatt & Taylor, Wilmington, Del., were on the brief for appellant.
Larry P. Ellsworth, Dept. of Energy, Washington, D. C., with whom Frank W. Krogh and Daniel F. Shea, Washington, D. C., of the same agency; Joseph J. Farnam, Jr., U. S. Atty. and Peggy L. Ableman, Asst. U. S. Atty., District of Del., Wilmington, Del., and George Kielman, Dean S. Cooper and Gilbert T. Renaut, Dept. of Energy, Office of Sp. Counsel, Washington, D. C., were on the brief for appellees.
David J. Beck, David L. Tolin and Ronald D. Secrest, Fulbright & Jaworski, Houston, Tex., David R. Johnson and John M. Simpson, Fulbright & Jaworski, Washington, D. C., and Barbara Finney, Exxon Corp., Houston, Tex., were on the brief for the Amicus Curiae, Exxon Corp.
Scott Anderson, TIPRO, Austin, Tex., and Joe A. Rudberg and James B. Harris, Thompson & Knight, Dallas, Tex., were on the brief for the Amicus Curiae, Texas Independent Producers & Royalty Owners Ass'n.
Leonard E. Davis and Michael E. Jones, Potter, Guinn, Minton, Roberts & Ireland, Tyler, Tex., were on the brief for Amicus Curiae, Caldwell Schools, Inc.
A. D. Clark, Jr., Tyler, Tex., Neal Hawthorn, Longview, Tex., and F. Lee Lawrence, Lawrence & Lawrence, Tyler, Tex., were on the brief for the Amici Curiae, Nancy Abernathy, et al.
John L. Schober, Jr., and Walter F. Clawson, Schober, Clawson & Brabham, Shreveport, La., were on the brief for Amicus Curiae, O. B. Mobley, Jr.
Before CHRISTENSEN, JAMESON and MAXWELL, Judges.
Temporary Emergency Court of Appeals.
CHRISTENSEN, Judge.
This action was brought in the district court by Pennzoil Company against the Department of Energy (DOE) and its Secretary1 to attack the validity of a 1975 ruling of the Federal Energy Administration as "retroactively" applied to the crude oil production of the unitized Walker Creek Field operated by Pennzoil in the State of Arkansas. From a summary judgment adverse to it, Pennzoil has appealed.
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