QUINCY OIL, INC. v. FEDERAL ENERGY ADMINISTRATION

Nos. 1-5, 3-21 and 5-43.

620 F.2d 890 (1980)

QUINCY OIL, INC., Plaintiff-Appellee, v. FEDERAL ENERGY ADMINISTRATION, Defendant, Taunton Municipal Lighting Plant, Taunton, Mass., Intervenor-Appellant. GULF OIL CORPORATION, Plaintiff-Appellant, v. The DEPARTMENT OF ENERGY, James R. Schlesinger, Secretary, Department of Energy, Bernard Snyder, Acting Regional Representative, Department of Energy, Region III, Defendants-Appellees. EXXON CORPORATION, Mobil Oil Corporation, General Crude Corporation, General Crude Oil Company, Coastal States Gas Corporation, Coastal States Marketing, Inc., Union Petroleum Corporation, Shell Oil Company, Plaintiffs-Appellees, v. DEPARTMENT OF ENERGY et al., Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided April 9, 1980.


Attorney(s) appearing for the Case

Larry P. Ellsworth, Regulatory Litigation Div., Dept. of Energy, Washington, D. C., with whom David A. Engels and Mark Kreitman, Washington, D. C., were on brief, for defendant-appellant Dept. of Energy.

Barbara Gordon, Dept. of Justice, Washington, D. C., was on brief, for defendant-appellant Department of Justice.

Bonnie S. Blair, Spiegel & McDiarmid, Washington, D. C., with whom Robert C. McDiarmid and Cynthia Schneider Bogorad, Washington, D. C., were on brief, for intervenor-appellant Taunton Municipal Lighting Plant.

Donald B. Craven, Miller & Chevalier, Washington, D. C., with whom Craig D. Miller and James B. Altman, Washington, D. C., and John E. Bailey and Catherine C. McCulley, Gulf Oil Corporation, Houston, Tex., were on brief, for plaintiff-appellant Gulf Oil Corporation.

David S. Mortensen, Hale & Dorr, Boston, Mass., with whom Timothy H. Gailey and Barbara L. Moore, Boston, Mass., were on brief, for plaintiff-appellee Quincy Oil, Inc.

David J. Beck, Fulbright & Jaworski, Houston, Tex., with whom David L. Tolin, Sr., Houston, Tex., was on brief for plaintiffs-appellees Exxon Corporation, Coastal States Gas Corporation, Coastal States Marketing, Inc. and Union Petroleum Corporation.

Andrew J. Kilcarr and Thomas R. Trowbridge III, Donovan, Leisure, Newton & Irvine, New York City, were on brief, for plaintiff-appellee Mobil Oil Corporation.

James V. Carroll and Edith H. Jones, Andrews, Kurth, Campbell & Jones, Houston, Tex., were on brief, for plaintiffs-appellees General Crude Corporation and General Crude Oil Company.

William Simon, William E. Wickens and Edward P. Henneberry, Howrey & Simon, Washington, D. C. were on brief, for plaintiff-appellee Shell Oil Company.

Before METZNER, PECK and LACEY, Judges.


METZNER, Judge.

These three cases have been consolidated on appeal because they raise similar questions concerning this court's limited statutory jurisdiction and the doctrine of mootness.

In Quincy Oil, Inc. v. FEA, 468 F.Supp. 383 (D.Mass.1979), Quincy Oil, Inc. (Quincy) sought vacatur of a remedial order granted by the Federal Energy Administration (FEA) directing Quincy...

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