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CITRONELLE-MOBILE GATHERING, INC. v. HERRINGTON

Nos. 11-7, 11-8.

826 F.2d 16 (1987)

CITRONELLE-MOBILE GATHERING, INC., et al., Plaintiffs/Counterclaim-Defendants, Appellees and Cross-Appellants, v. John S. HERRINGTON, et al., Defendants, Appellants and Cross-Appellees, and United States, Counterclaimant, Appellant and Cross-Appellee.

Temporary Emergency Court of Appeals.

Decided May 7, 1987.

As Corrected June 9, 1987.

Rehearing and Rehearing Denied June 23, 1987.

Attorney(s) appearing for the Case

Brian G. Kennedy, with whom Richard K. Willard and Surell Brady, Department of Justice—Civil Division, Washington, D.C., and Theodore Miles, Diana D. Clark, Marcia K. Sowles, and Maureen Katz, Dept. of Energy, Washington, D.C., were on the brief for defendants, appellants and cross-appellees.

Keith A. Jones, with whom John M. Simpson, Fulbright and Jaworski, Washington, D.C., and G. Sage Lyons and J.P. Courtney, III, Lyons, Pipes and Cook, Mobile, Ala., were on the consolidated brief for the private parties as plaintiffs/counterclaim-defendants, appellees and cross-appellants.

Charles E. McTiernan, Jr., with whom Donal F. McCarthy and Brian E. Cray, New York City, were on the brief for amicus curiae Consolidated Edison Co. of New York, Inc.

Stephen A. Bokat and Lynn M. Smelkinson, National Chamber Litigation Center, Inc., Washington, D.C., were on the brief for amicus curiae Chamber of Commerce of the U.S.

Before GIGNOUX, GRANT, and PECK, JJ.

Rehearing and Rehearing En Banc Denied June 23, 1987.

GRANT, Judge.

This action was initially filed by Citronelle-Mobile Gathering, Inc., and others (hereinafter referred to as the Chamberlain Group), seeking declaratory and injunctive relief against officials of the Federal Energy Administration, now the Department of Energy (DOE), and the Secretary of the Department of Commerce, to establish plaintiffs' legal rights with respect to four sales of crude oil...

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