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ASHLAND OIL CO. OF CAL. v. UNION OIL CO. OF CAL.

No. 9-38.

567 F.2d 984 (1977)

ASHLAND OIL COMPANY OF CALIFORNIA, Plaintiff-Appellant, v. UNION OIL COMPANY OF CALIFORNIA and Department of Energy, Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided December 12, 1977.

Attorney(s) appearing for the Case

Alfred Lawrence Toombs, Batzell, Nunn & Bode, Washington, D. C., with whom William H. Bode, Washington, D. C., and Robert L. Dunn, Bancroft, Avery & McAlister, San Francisco, Cal., were on the brief for plaintiff-appellant.

Moses Lasky, Brobeck, Phleger & Harrison, San Francisco, Cal., with whom John E. Munter and Forrest A. Hainline, III, San Francisco, Cal., were on the brief for the defendant-appellee Union Oil Co. of California.

Robert E. Richardson, Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., and Gerald D. Freed, Washington, D. C., were on the brief for the defendant-appellee Dept. of Energy.

Before CARTER, CHRISTENSEN and JAMESON, Judges.

CHRISTENSEN, Judge:

The question presented in this case involves the period of limitations to be applied to an action for overcharges on sales of petroleum products.

On March 23, 1977, plaintiff-appellant, Ashland Oil Company of California ("Ashland"), filed suit in the United States District Court for the Northern District of California against Union Oil Company of California ("Union") and the Federal Energy Administration ("FEA")1

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