UNITED STATES v. GULF OIL CORP.

No. 5-108.

760 F.2d 292 (1985)

UNITED STATES of America, Petitioner/Appellant, v. GULF OIL CORPORATION, Respondents/Appellee, and Cities Service Oil & Gas Corporation, Intervenor/Appellee.

Temporary Emergency Court of Appeals.

Decided March 29, 1985.


Attorney(s) appearing for the Case

Mona S. Butler, with Carolyn B. Kuhl and Surell Brady, Dept. of Justice, Washington, D.C.; and David A. Engels and Charles Cope, of Counsel, Dept. of Energy, Washington, D.C., were on the brief for petitioner/appellant U.S. of America.

Charles O. Murray, III, with whom John W. Castles, III and Banks Brown, of counsel, Lord, Day & Lord, New York, New York, were on the brief for respondents/appellee Gulf Oil Corp.

Lynn R. Coleman, Douglas G. Robinson and Richard L. Brusca of Skadden, Arps, Slate, Meager & Flom, Washington, D.C.; and Louis Nizer, Gerald F. Phillips, Arthur D. Rheingold and Michael J. McNamara of Phillips, Nizer, Benjamin, Krim & Ballon, New York City; and Gerald H. Barnes Cities Service Oil and Gas Corp., Tulsa, Okl., were on the brief for intervenor/appellee Cities Service Oil and Gas Corp.

Before GARZA, THORNBERRY and MAXWELL, Judges.


GARZA, Judge.

This appeal follows the district court's refusal to enforce a Department of Energy ("D.O.E.") subpoena against Gulf Oil Corporation ("Gulf"). The subpoena sought production of documents Gulf had received from Cities Service Oil & Gas Corporation ("Cities") pursuant to a merger agreement between Gulf and Cities. The documents can be generally categorized into two groups: those prepared by or on behalf of Cities in preparation for litigation with the...

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