UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) October 12, 2004
Exxon Mobil Corporation
(Exact name of registrant as specified in its charter)
New Jersey | 1-2256 | 13-5409005 |
(State or other jurisdiction | (Commission | (IRS Employer |
of incorporation) | File Number) | Identification No.) |
5959 LAS COLINAS BOULEVARD, IRVING, TEXAS 75039-2298
(Address of principal executive offices) (Zip Code)
(Registrant’s telephone number, including area code): (972) 444-1000
(Former name or former address, if changed since last report) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01
Other Events
The Registrant hereby files the information set forth in its News Release, dated October 15, 2004, announcing the Supreme Court's decision to review a portion of the Allapattah case, a copy of which is included as Exhibit 99.
-2-
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
EXXON MOBIL CORPORATION
Date: October 15, 2004
By:
/s/ Patrick T. Mulva
----------------------------------------------
Name:
Patrick T. Mulva
Title:
Vice President, Controller and
Principal Accounting Officer
-3-
INDEX TO EXHIBITS
Exhibit No.
Description
99
Exxon Mobil Corporation News Release, dated October 15, 2004, announcing the Supreme Court's decision to review a portion of the Allapattah case.
-4-
Exhibit 99
News Release
ExxonMobil
Exxon Mobil Corporation
5959 Las Colinas Boulevard
Irving, TX 75039-2298
972 444 1107 Telephone
972 444 1138 Facsimile
CONTACT:
Prem Nair, ExxonMobil
703-846-4467
FOR IMMEDIATE RELEASE
FRIDAY, OCTOBER 15, 2004
SUPREME COURT AGREES TO REVIEW PART OF ALLAPATTAH CASE
FAIRFAX, VA, October 15 -- Exxon Mobil Corporation today confirmed the Supreme Court's decision to review one of the issues raised by ExxonMobil in the Allapattah case.
The Exxon dealers had participated in a voluntary discount for cash program designed to enable them to be more competitive with retailers who sold on a cash-only basis. The program that ran from 1982 to 1994 allowed dealers to lower the cost of gasoline sold to cash customers by removing credit card costs and recovering those costs from customers who chose to purchase gasoline with credit cards.
A group of Exxon dealers filed a lawsuit in Florida in 1991 alleging that with the adoption of Discount for Cash, Exxon had not reduced its price to the dealers by an amount which, on average and over time, would offset the costs of credit card processing fees. Exxon firmly believed it had provided dealers the offset as agreed. Prior to Discount for Cash, the cost of credit was included in the price charged to the dealers. The actual discount amount at the pump offered to customers was left up to individual dealers who are independent businesspersons.
- 1 -
ExxonMobil places the highest value on business ethics and integrity and believes it acted in good faith and met its obligations in the best interests of the dealers and customers.
In light of the Court's decision to grant review of a part of ExxonMobil's appeal, ExxonMobil has determined to take an after-tax charge of $550 million which will be reflected in Exxon Mobil Corporation's third quarter results. While ExxonMobil is taking a charge at this time, depending on the resolution of the case in the U.S. Supreme Court ExxonMobil may pursue further relief from the judgment in the District Court.
- 2 -