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MOBIL OIL v. ATTORNEY GENERAL OF COM. OF VA.

No. 90-2740.

940 F.2d 73 (1991)

MOBIL OIL CORPORATION, Plaintiff-Appellant, v. ATTORNEY GENERAL OF the COMMONWEALTH OF VIRGINIA, Defendant-Appellee, and Commissioner of Agriculture and Consumer Services of Virginia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 9, 1991.

As Amended August 6, 1991.

Attorney(s) appearing for the Case

Thomas Glascock Slater, Jr., Hunton & Williams, argued (Michael J. Lockerby, Sondra J. Tomlinson, Scott G. Crowley, R. Hewitt Pate, Hunton & Williams, on brief), Richmond, Va., for plaintiff-appellant.

Gregory E. Lucyk, Sr. Asst. Atty. Gen., argued (Mary Sue Terry, Atty. Gen. of Va., K. Marshall Cook, Deputy Atty. Gen., Patrick R. Bynum, Jr., Sr. Asst. Atty. Gen., Eric K.G. Fiske, Jeffrey A. Spencer, Asst. Attys. Gen., on brief), Richmond, Va., for defendant-appellee.

Before HALL, Circuit Judge, CHAPMAN, Senior Circuit Judge, and GODBOLD, Senior Circuit Judge for the Eleventh Circuit, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Mobil Oil Corporation ("Mobil") appeals the district court's dismissal of its declaratory judgment action for failure to present a justiciable case or controversy. Mobil Oil Corp. v. Attorney General, 747 F.Supp. 1173 (E.D.Va.1990). We believe that Mobil's predicament — submit to a statute or face the likely perils of violating it — is precisely why the declaratory...

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