Richard W. DYKE, d/b/a Western Stations Co., Plaintiff,
v.
GULF OIL CORPORATION, a Pennsylvania Corporation, Defendant, and
Department of Energy, Defendant-Petitioner.
COLVIN OIL COMPANY, an Oregon Corporation, Plaintiff,
v.
GULF OIL CORPORATION, a Pennsylvania Corporation, Defendant, and
Department of Energy, Defendant-Petitioner.
Kenneth O. OWEN, d/b/a Truck Towne Station, Plaintiff,
v.
ATLANTIC RICHFIELD COMPANY, a corporation, Defendant, and
James R. Schlesinger, Secretary of Energy, Defendant-Petitioner,
Champlin Petroleum Company, amicus curiae.
Temporary Emergency Court of Appeals.https://leagle.com/images/logo.png
Argued March 2, 1979.
Decided June 5, 1979.
Attorney(s) appearing for the Case
John P. McKenna, Washington, D. C., with whom Ted P. Gerarden and Arthur E. Gowran, Dept. of Energy, and C. Max Vassanelli and Stephanie Golden, Dept. of Justice, Washington, D. C., were on brief for defendant-petitioner Government.
Neva T. Campbell, Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., was on brief for plaintiffs Richard W. Dyke and Colvin Oil Co.
Catherine C. McCulley, with whom J. Ronald Sandberg, Gulf Oil Corp., Houston, Tex., were on brief for defendant Gulf Oil Corp.
Gale P. Hilyer, Jr.,* Hilyer & Levinski, Seattle, Wash., was on brief for plaintiff Kenneth O. Owen.
Donald C. Smaltz, Los Angeles, Cal., with whom Robert L. Hess and Leighton M. Anderson, Smaltz & Neelley, Los Angeles, Cal., and John B. Merritt, Atlantic Richfield Co., Los Angeles, Cal., were on brief for defendant Atlantic Richfield Co.
Charles A. Zubieta, Fort Worth, Tex., with whom Kerry R. Brittain, Champlin Petroleum Co., Cecil E. Munn, Cantey, Hanger, Gooch, Munn & Collins, Fort Worth, Tex., Richmond C. Coburn, Coburn, Croft, Shepherd, Herzog & Putzell, St. Louis, Mo., and Alan E. Popkin, Susman, Stern, Heifetz, Lurie, Sheehan, Popkin & Chervitz, Clayton, Mo., were on brief for amicus curiae Champlin Petroleum Co.
Before CHRISTENSEN, ESTES and ZIRPOLI, Judges.
Temporary Emergency Court of Appeals.
CHRISTENSEN, Judge.
These cases originated as private damage actions in the United States District Court for the District of Oregon (Nos. 9-41 and 9-42), and the United States District Court for the Central District of California (No. 9-43). They were brought by the respective plaintiffs in reliance upon Section 210 of the Economic Stabilization Act of 1970 (ESA), as amended, 12 U.S.C. § 1904 note, and incorporated into...
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