Eastern States Petroleum & Chemical Corp. v. Seaton, Civ. A. No. 1621-58.
| Court | United States District Courts. United States District Court (Columbia) |
| Writing for the Court | Elmer E. Batzell, Washington, D. C., for plaintiff |
| Citation | 163 F. Supp. 797 |
| Decision Date | 08 July 1958 |
| Docket Number | Civ. A. No. 1621-58. |
| Parties | EASTERN STATES PETROLEUM & CHEMICAL CORP., Plaintiff, v. Fred A. SEATON, Individually and as Secretary of the Interior, et al., Defendants. |
163 F. Supp. 797
EASTERN STATES PETROLEUM & CHEMICAL CORP., Plaintiff,
v.
Fred A. SEATON, Individually and as Secretary of the Interior, et al., Defendants.
Civ. A. No. 1621-58.
United States District Court District of Columbia.
July 8, 1958.
Elmer E. Batzell, Washington, D. C., for plaintiff.
Oliver Gasch, U. S. Atty., and E. Riley Casey, Jr., Asst. U. S. Atty., Washington, D. C., for defendants.
HOLTZOFF, District Judge.
This is an action brought by a corporation engaged in the business of refining crude oil and selling petroleum products, against the Secretary of the Interior, the Secretary of Defense, the Under-Secretary of the Interior, and the Administrator of the Voluntary Oil Import Program of the Department of the Interior. The purpose of this action is to secure a declaratory judgment and a final injunction to declare null, void, and illegal the so-called Voluntary Oil Import Program promulgated by the Government under which, substantially, importations of crude oil into the United States are limited and persons who fail to comply with the limitations are restricted from selling their products to the United States. The matter is before the Court at this time on a motion for preliminary injunction.
The Act of March 3, 1933, 47 Stat. 1520, 41 U.S.C.A., § 10a, popularly known as the Buy American Act, provides in its pertinent portions that unless the head of a Government department concerned shall determine it to be inconsistent with the public interest or the cost to be unreasonable, only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States shall be acquired for public use. There are certain exceptions in the Act, which are not material for the purposes of this discussion.
On March 27, 1958, the President of the United States issued Executive Order
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Eastern States Petroleum & Chemical Corp. v. Walker, Civ. A. No. 12682.
...was authorized by the Buy-American Act (41 U.S.C.A. §§ 10(a)-10(d)). Eastern States Petroleum & Chemical Corp. v. Seaton, D.C.D.C., 163 F.Supp. 797. On appeal, the Court of Appeals for the District of Columbia Circuit reversed, holding that the complaint in that suit, in alleging arbitrary ......
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American Fed. of Labor v. Kahn, Civ. No. 79-802.
...cause of action by a party subject to discrimination. The government also relies on Eastern States Petroleum & Chemical Corp. v. Seaton, 163 F.Supp. 797 (D.D.C.1958), which dealt not with an antidiscrimination executive order but with an order establishing the Voluntary Oil Import Program, ......
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Eastern States Petroleum & Chem. Corp. v. Seaton, Civ. A. No. 1621-58.
...heard before another judge of this court who denied the injunction and dismissed the complaint for failing to state a cause of action, 163 F.Supp. 797. The Court of Appeals for the District of Columbia reversed, stating, "Because appellant tendered the issue of arbitrary action by appellees......