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SCHIRTZINGER v. DUNLOP

No. DC-15.

489 F.2d 1307 (1973)

Frank X. SCHIRTZINGER, t/a Charlestown West 76 Auto/Truck Stop, Inc., Hurricane, West Virginia, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. John T. DUNLOP et al., Defendants-Appellees.

Temporary Emergency Court of Appeals.

December 10, 1973.

Attorney(s) appearing for the Case

Mac S. Dunaway, Gall, Lane & Powell, Washington, D. C. (William H. Willcox and Bernard J. Casey, Washington, D. C., on the brief), for plaintiff-appellant.

William C. White, Atty., U. S. Dept. of Justice (Irving Jaffe, Acting Asst. Atty. Gen., William E. Nelson, and Allen W. Hausman, Attys., Dept. of Justice, on the brief), for defendants-appellees.

Before TAMM, Chief Judge, and VAN OOSTERHOUT and HASTINGS, Judges.

PER CURIAM.

This is a class action challenging the legality of Subpart L of the Cost of Living Council (CLC) Phase IV regulations as applied to a class of approximately 2,500 independent truck stop operators who sell No. 2-D diesel fuel. The single named plaintiff, Frank X. Schirtzinger, operates such a truck stop in Hurricane, West Virginia. In essence, plaintiff complains that he and his class cannot withstand the absorption of product and non-product cost increases...

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