Brooklyn Union Gas Co. v. Standard Oil Co. Of Texas
Headline: Utility and oil company dispute sent up for federal review; the Court granted review and reversed the appeals court, changing the lower-court outcome and favoring the utilities in the short term.
Holding: The Court granted the utilities’ petition for review and reversed the Court of Appeals’ judgment, effectively ruling in favor of the utility companies and overturning the lower court’s decision.
- Reverses the appeals-court outcome between the named utilities and oil companies.
- Immediately changes which side prevails in this specific dispute.
- Justice Marshall took no part in the decision.
Summary
Background
Several utility companies (including a New York gas company and a Long Island electric company) brought a legal challenge involving multiple oil companies and other businesses. The case reached the United States Court of Appeals for the Tenth Circuit, and the utilities filed a petition asking the Supreme Court to review that appeals-court judgment. The Supreme Court took the case and issued a decision on May 20, 1968.
Reasoning
The Court issued a brief per curiam decision granting the petition for review and reversing the judgment of the Court of Appeals. The opinion cites Federal Power Commission v. Sunray DX Oil Co. in support of the result. The short opinion does not set out a lengthy explanation in the printed text provided here; instead, it announces that review was granted and the lower-court judgment was reversed, which means the utilities prevailed in the Supreme Court.
Real world impact
The ruling immediately changes the legal outcome between the named utilities and the oil companies by undoing the appeals-court decision. Because the Supreme Court’s action was a reversal, the practical effect is that the utilities obtain a favorable result at the Supreme Court level. The text also notes that one Justice, Mr. Justice Marshall, did not participate in consideration or decision of the case.
Dissents or concurrances
There are no opinions described here beyond the per curiam statement; the only additional procedural note is that Justice Marshall took no part in the decision.
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