Citronelle-Mobile Gathering, Inc. v. Gulf Oil Corporation, Federal Energy Administration, Intervenor-Appellee

CLARK, Circuit Judge:

This case calls upon us to resolve questions of our appellate jurisdiction. Pleading only diversity jurisdiction under 28 U.S. C.A. § 1332, plaintiff, Citronelle-Mobile Gathering Co. [Citronelle] filed suit against Gulf Oil Co. [Gulf] for breach of a contract to buy crude oil. Gulf answered and counterclaimed for damages based upon Citro-nelle’s willful failure to comply with the Emergency Petroleum Allocation Act of 1975 [EPAA of 1975], 15 U.S.C.A. § 753 note, and regulations promulgated pursuant to it. Gulf’s counterclaim invoked the jurisdiction of the district court…