Legal Opinion

Mobil Oil Corporation v. Attorney General of the Commonwealth of Virginia, and Commissioner of Agriculture and Consumer Services of Virginia

Court of Appeals for the Fourth Circuit

Decided August 6, 1991No. 90-2740PublishedCited by 59 opinions

1Opinion of the Court

OPINION

K.K. HALL, Circuit Judge:

Mobil Oil Corporation (“Mobil”) appeals the district court’s dismissal of its declaratory judgment action for failure to present a justiciable case or controversy. Mobil Oil Corp. v. Attorney General, 747 F.Supp. 1173 (E.D.Va.1990). We believe that Mobil’s predicament — submit to a statute or face the likely perils of violating it — is precisely why the declaratory judgment cause of action exists. Accordingly, we reverse and remand.

I

In its 1990 session, the Virginia legislature made significant amendments to the Virginia Petroleum Products Franchise Act…

2Cases cited11 opinions

  1. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  2. Virginia v. American Booksellers Assn., Inc.Supreme Court of the United States · 1988
  3. Adams v. BainCourt of Appeals for the Fourth Circuit · 1982
  4. Thigpen v. United StatesCourt of Appeals for the Fourth Circuit · 1986
  5. Nancy D. White v. National Union Fire Insurance Company of Pittsburgh, PaCourt of Appeals for the Fourth Circuit · 1990

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3Cited by59 opinions

  1. Okpalobi v. FosterCourt of Appeals for the Fifth Circuit · 2001
  2. Nova Health Systems v. FogartyCourt of Appeals for the Tenth Circuit · 2005
  3. New Hampshire Hemp Council, Inc. v. MarshallCourt of Appeals for the First Circuit · 2000
  4. Arizona Right to Life Political Action Committee v. Betsy Bayless Janet Napolitano, in Her Official Capacity as the Arizona Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  5. American Civil Liberties Union and Larry Schack v. The Florida Bar and the Florida Judicial Qualifications CommissionCourt of Appeals for the Eleventh Circuit · 1993

54 more not listed; retrieve them via the Exa API.

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