MOBIL OIL CORP. v. DEPARTMENT OF ENERGY

No. 5-54.

647 F.2d 142 (1981)

MOBIL OIL CORPORATION, Plaintiff-Appellee, v. DEPARTMENT OF ENERGY and Charles W. Duncan, Jr., Secretary of Energy, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided April 7, 1981.


Attorney(s) appearing for the Case

Thomas P. Humphrey, Dept. of Energy, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Dept. of Justice and Dennis G. Linder, C. Max Vassanelli, and Sheila Lieber, Dept. of Justice, and Robert C. Power, Dept. of Energy, Washington, D. C., were on brief, for defendants-appellants.

Thomas R. Trowbridge, III, Donovan, Leisure, Newton & Irvine, New York City, with whom Andrew J. Kilcarr and Daniel Bukovac of the same firm in Washington, D. C., John G. Tucker, Orgain, Bell & Tucker, Beaumont, Tex. and Charles S. Lindberg and William C. Streets, Fairfax, Va. (of counsel), were on brief, for plaintiff-appellee.

Before JAMESON, DUNIWAY and ZIRPOLI, Judges.


JAMESON, Judge:

This is a second appeal by the Department of Energy (DOE) from the judgment of the district court holding invalid the DOE's1 April 30, 1974, amendment to the Mandatory Petroleum Price Regulations, subpart E of Title 10 of the Code of Federal Regulations. The facts giving rise to Mobil's challenge of the regulations were set out fully in a previous opinion. See Mobil Oil Corporation v. DOE, 610 F.2d...

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