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EXXON CORPORATION v. CITY OF NEW YORK

Nos. Civ. 1047, 1093.

372 F.Supp. 335 (1974)

EXXON CORPORATION, Plaintiff, v. The CITY OF NEW YORK et al., Defendants. GETTY OIL CO. (Eastern Operations), INC., et al., Plaintiffs, v. The CITY OF NEW YORK et al., Defendants.

United States District Court, S. D. New York.

March 8, 1974.

Attorney(s) appearing for the Case

Shearman & Sterling, New York City, for plaintiff Exxon Corp.

Shea, Gould, Climenko & Kramer, New York City, for plaintiffs Getty Oil Co., Mobil Oil Corp. and Sun Oil Co. of Pa.

Adrian P. Burke, Corp. Counsel, New York City, for defendants.

MEMORANDUM

STEWART, District Judge:

Plaintiffs have moved for a summary judgment on the ground that the Federal Regulation of Fuels and Fuel Additives, 38 Fed.Reg. 33734 (Dec. 6, 1973) (hereinafter Dec. 6, 1973 Regulations) has preempted Sections 1403.2-13.11 and 1403.2-13.12 of the Administrative Code of the City, which prescribe the maximum lead content and volatility limits of regular and premium grade gasoline sold in New York City. The Dec. 6, 1973...

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