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vigorously defended against the DOE's allegations. Nevertheless,
on October 9, 1980, Exxon announced to the HFU interest owners
that it would begin to withhold amounts owed to the interest
owners under Exxon's posted prices for the oil produced. In
justification for tendering less than the amount due under
Exxon's classification of the oil, Exxon stated that it desired
to create a fund for payment of any liability it might eventually
have to the DOE. The amounts withheld represented the difference
between the higher price charged by Exxon and the lower price the
DOE contended was the maximum lawful selling price. Exxon
withheld these amounts from October 1, 1980, to January 28, 1981,
the date on which oil prices in the United States were
decontrolled.
In response, certain HFU royalty interest owners filed suit
against Exxon in October 1980 in the U.S. District Court for the
District of Texas (Tyler Division), arguing that Exxon was
required to pay them the full amount of their royalty. Jarvis
Christian College v. Exxon Corp., docket No. TY-80-432-CA (the
Jarvis Christian litigation). On February 6, 1981, decedent,
individually and as executrix for the estate of Jessamine Allen,
along with Frankie and other members of the Allen family (the
Allen parties), filed a motion to intervene as party plaintiffs
in the Jarvis Christian litigation. On February 24, 1981, the
District Court filed an order granting leave to intervene.
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