Estate of Algerine Allen Smith - Page 6




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          United States v. Exxon Corp., 773 F.2d 1240 (Temp. Emer. Ct. App.           
          1985).                                                                      
               On February 27, 1986, Exxon paid the judgment, which                   
          amounted to just under $2.1 billion with interest.  The amount              
          paid consisted of $895,501,164 in overcharges, $771,997,881 in              
          prejudgment interest, and $428,273,813 in postjudgment interest.            
               On January 26, 1988, Exxon filed suit in the U.S. District             
          Court for the Eastern District of Texas (Tyler Division) against            
          the owners of royalty and mineral interests in the HFU.  Exxon v.           
          Arnold, docket No. TY-88-110-CA (E.D. Tex., Jan. 26, 1988).                 
          Exxon’s suit was consolidated with the Jarvis Christian                     
          litigation at docket No. TY-80-432-CA (Consolidated Action).4               
          Exxon sought reimbursement from the interest owners of the                  
          amounts which it had paid to the Treasury as a result of the DOE            
          litigation.                                                                 
               Decedent, individually and as the executrix of the estate of           
          Jessamine Allen, and Frankie were parties to the suit.  The HFU             
          royalty interest owners vigorously contested Exxon’s claims.  On            
          June 22, 1988, the District Court issued an order declaring the             
          threshold issue in the Jarvis Christian litigation to be the                
          existence of a Federal common law reimbursement claim and                   
          ordering the parties to file dispositive motions as to that                 


               4Hereinafter, we shall refer to this consolidated action as            
          the Jarvis Christian litigation.                                            





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