EXXON CORP. v. UNITED STATES DEPT. OF ENERGY

Nos. 5-103, 10-51.

744 F.2d 98 (1984)

EXXON CORPORATION, Mobil Oil Corporation, and Mobil Oil Exploration & Producing Southeast, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF ENERGY and Donald P. Hodel, Secretary of Energy, Defendants. In re: the DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION Litigation, M.D.L. 378.

Temporary Emergency Court of Appeals.

Decided July 6, 1984.

As Corrected August 15, 1984.

Certiorari Denied December 3, 1984.


Attorney(s) appearing for the Case

Keith A. Jones, Fulbright & Jaworski, Washington, D.C., with whom M.W. Parse, Jr., Jerry E. Smith and A. Frank Koury, of the same firm, Edward de la Garza, Houston, Tex., R. Bruce McLean, Daniel Joseph and David A. Holzworth, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., and William C. Streets, Mark J. Forsch, Houston, Tex. and Gail F. Schulz, Fairfax, Va., were on brief, for plaintiffs in No. 5-103.

Warren Christopher, O'Melveny & Myers, Washington, D.C., with whom Carl R. Schenker, Jr., Aaron S. Bayer and Jacob M. Lewis, of the same firm, Washington, D.C., and Joseph W. Kennedy, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kan., were on brief, for plaintiffs in No. 10-51.

Larry P. Ellsworth, Assistant Gen. Counsel, Dept. of Energy, Washington, D.C., with whom Thomas C. Newkirk, Don W. Crockett, David A. Engels, Marcia Sowles and John L. Gurney, Dept. of Energy, Richard K. Willard, Acting Asst. Atty. Gen., and Anthony J. Steinmeyer and Douglas Letter, Dept. of Justice, Washington, D.C., were on brief, for defendants in Nos. 5-103 and 10-51.

Andrew P. Miller, Dickstein, Shapiro & Morin, Washington, D.C., with whom Stephan G. Wielgoz, of the same firm, James F. Flug and Paula Dinerstein, Lobel, Novins & Lamont, Bernard Nash and Edward G. Modell, Blum & Nash, Washington, D.C., David Frohnmayer, Atty. Gen. of Oregon, Salem, Or., Irving I. Kimmelman, Atty. Gen. of New Jersey, Trenton, N.J., Francis X. Bellotti, Atty. Gen. of Massachusetts, Boston, Mass., and Travis Medlock, Atty. Gen. of South Carolina, Columbia, S.C., were on brief for intervenors States in No. 10-51.

Kathleen O. Argiropoulos, Air Transport Ass'n of America, Washington, D.C., with whom Richard T. Williams, Kadison, Pfaelzer, Woodard, Quinn & Rossi, Los Angeles, Cal., were on brief for intervenor Air Transport Ass'n of America, in No. 10-51.

Harold E. Kohn, Kohn, Savett, Marion & Graf, Philadelphia, Pa., with whom Joseph C. Kohn, Philadelphia, Pa., of the same firm, Alexander B. Mitchell, II, Sargent, Klenda, Haag & Mitchell, Wichita, Kan., Philip P. Kalodner, and Lee Ann Glanton, Philadelphia, Pa., were on brief, for intervenors Geraldine H. Sweeney, RJG Cab, Inc., Nat. Freight, Inc. and Philadelphia Elec. Co. in No. 10-51.

Before CHRISTENSEN, WILLIAM H. BECKER, and WESLEY E. BROWN, Judges.


Certiorari Denied December 3, 1984. See 105 S.Ct. 576.

WILLIAM H. BECKER, Judge.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT*

Nature of Actions and Original Jurisdiction

These are two consolidated actions, of which this Court has original jurisdiction under § 211(c) of the Economic Stabilization Act of 1970 found in 12 U.S.C. § 1904 Note, and...

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