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Marathon Oil Company, Marathon International Oil Company, Marathon Petroleum Norge A/s, Plaintiffs-Appellants-Cross-Appellees v. A. G. Ruhrgas, Defendant-Appellee-Cross-Appellant

Citations: 129 F.3d 746; 1997 U.S. App. LEXIS 33112Docket: 96-20361

Court: Court of Appeals for the Fifth Circuit; November 16, 1997; Federal Appellate Court

Narrative Opinion Summary

The Fifth Circuit Court of Appeals ordered an en banc rehearing of the case Marathon Oil Company et al. v. A. G. Ruhrgas. Plaintiffs-Appellants include Marathon Oil Company, Marathon International Oil Company, and Marathon Petroleum Norge A/S, while the Defendant-Appellee is A. G. Ruhrgas. The appeals arise from a ruling by the United States District Court for the Southern District of Texas, overseen by Judge Melinda Harmon. The decision for en banc rehearing is based on a majority determination by the active judges of the court. The court will schedule oral arguments and issue a briefing schedule for supplemental briefs. The case number is 96-20361, and the opinion was filed on November 17, 1997. Amicus Curiae participation is noted from the Federal Republic of Germany.

Legal Issues Addressed

Amicus Curiae Participation

Application: The involvement of an amicus curiae, specifically the Federal Republic of Germany, highlights the potential influence or interest of third parties in the proceedings, which may provide additional perspectives or information relevant to the case.

Reasoning: Amicus Curiae participation is noted from the Federal Republic of Germany.

En Banc Rehearing

Application: The Fifth Circuit Court of Appeals ordered an en banc rehearing, indicating that the case will be reconsidered by all active judges of the court, rather than by a panel of three judges.

Reasoning: The Fifth Circuit Court of Appeals ordered an en banc rehearing of the case Marathon Oil Company et al. v. A. G. Ruhrgas.

Judicial Process and Procedure

Application: The court's decision to grant an en banc rehearing requires the scheduling of oral arguments and submission of supplemental briefs, illustrating procedural steps in appellate litigation.

Reasoning: The court will schedule oral arguments and issue a briefing schedule for supplemental briefs.

Jurisdiction and Venue

Application: The appeals originate from a decision by the United States District Court for the Southern District of Texas, indicating the geographical and judicial origin of the case.

Reasoning: The appeals arise from a ruling by the United States District Court for the Southern District of Texas, overseen by Judge Melinda Harmon.