Gulf Oil Corp. v. Federal Energy Administration

Decision Date20 June 1975
Docket NumberNo. 3-6.,3-6.
Citation521 F.2d 810
PartiesGULF OIL CORPORATION, Plaintiff-Appellant, v. FEDERAL ENERGY ADMINISTRATION and Frank G. Zarb, Administrator, Defendants-Appellees.
CourtU.S. Temporary Emergency Court of Appeals Court of Appeals

Catherine C. McCulley and Jesse P. Luton, Jr., Gulf Oil Corp., Houston, Tex., for appellant.

Stanley D. Rose, Patricia N. Blair, Attys., Irving Jaffe, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for appellees.

Before HASTIE, CHRISTENSEN and ESTES, Judges.

ORDER DISMISSING APPEAL

HASTIE, Judge.

Since the taking of this appeal from an order denying a preliminary injunction, this court has held that section 211(d)(2) of the Economic Stabilization Act of 1970, as amended, 12 U.S.C. § 1904, which defines our appellate jurisdiction, does not permit an appeal of right to this court from an order granting or denying a preliminary injunction. Exxon Corporation v. Federal Energy Administration, 516 F.2d 1397 (Em.App.) decided April 21, 1975, rehearing en banc denied, June 6, 1975. That decision is controlling here.

This appeal is dismissed for lack of jurisdiction in this court.

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7 cases
  • United States v. Gulf Oil Corp.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • December 29, 1975
    ...capricious, nor contrary to law, Gulf Oil Corporation v. Federal Energy Admin., 391 F.Supp. 856 (W.D.Pa.1975), appeal dismissed 521 F.2d 810 (Em.App. 1975). See also, Marathon Oil Company v. Federal Energy Administration, Civ.No. 75-36 (N.D.Ohio, filed January 31, 1975), appeal dismissed 51......
  • Cities Service Co. v. FEA
    • United States
    • U.S. Temporary Emergency Court of Appeals Court of Appeals
    • December 31, 1975
    ...Oil Corporation v. F.E.A., 391 F.Supp. 856 (W.D.Pa.1975), 3 CCH Energy Management ¶ 26,014, dismissed for lack of jurisdiction, 521 F.2d 810 (Em.App.1975). Notice of appeal was filed in this court by Cities Service on July 18, Exxon, Marathon, and Gulf, respectively, have filed briefs in su......
  • Spinetti v. Atlantic Richfield Co.
    • United States
    • U.S. Temporary Emergency Court of Appeals Court of Appeals
    • March 29, 1977
    ...Contrary to this court's decisions in Exxon Corp. v. Federal Energy Administration, 516 F.2d 1397 (Em.App.1975); Gulf Oil Corp. v. F. E. A., 521 F.2d 810 (Em.App.1975); and Spinetti v. Atlantic Richfield Co., 522 F.2d 1401, 1403 (Em.App.1975), appellants assert that the TECA must accept a §......
  • American Hospital Ass'n v. Harris
    • United States
    • U.S. District Court — Northern District of Illinois
    • October 1, 1979
    ...preliminary injunction. Gulf Oil Corp. v. Federal Energy Administration, 391 F.Supp. 856, 863-64 (W.D.Pa.), appeal dismissed, 521 F.2d 810 (Temp.Emer.Ct.App. 1975); see A.L.K. Corp. v. Columbia Pictures Indus., Inc., 440 F.2d 761, 764 (3d Cir. The plaintiff also argues that, under the new R......
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