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MERRY TWINS, INC. v. EXXON CORP.

No. 2-26.

611 F.2d 874 (1979)

MERRY TWINS, INC., S. K. Oil Corp., Capitol Auto Supplies, Inc., and Capitol Enterprises Systems, Inc., Plaintiffs-Appellants, v. EXXON CORPORATION, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided December 19, 1979.

Attorney(s) appearing for the Case

Carl S. Levine, New York City, with whom Seth D. Friedland, New York City, was on brief, for plaintiffs-appellants.

Paul Merolla, Sherman & Sterling, New York City, with whom Joseph T. McLaughlin and Ellen Miller Wachtel, New York City, D. Joseph Potvin, Houston, Tex., were on brief, for defendant-appellee.

Before GRANT, METZNER and LACEY, Judges.

GRANT, Judge.

Plaintiffs-Appellants, Merry Twins, Inc., et al. ("Merry Twins", treated herein as a single entity), alleged that Exxon Corporation ("Exxon") violated the Emergency Petroleum Allocation Act of 1973 ("EPAA") 15 U.S.C. §§ 751 et seq., and the regulations promulgated thereunder, 10 C.F.R. §§ 210-214, by its failure to continue to grant appellants certain discounts or allowances on the price of motor fuel during the period from March...

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