DEMPSEY v. RHODES OIL CO.

No. 8-5.

620 F.2d 274 (1980)

Bob S. DEMPSEY d/b/a Fort Davidson Oil Company, Appellant, v. RHODES OIL COMPANY et al., Appellees.

Temporary Emergency Court of Appeals.

Decided March 20, 1980.


Attorney(s) appearing for the Case

Richard H. Anton, Kansas City, Mo., with whom James R. Wyrsch, Koenigsdorf, Kusnetzky & Wyrsch, Kansas City, Mo., was on brief, for plaintiff-appellant.

Walter S. Drusch, Drusch & Dillard, Cape Girardeau, Mo., was on brief, for defendants-appellees.

Before INGRAHAM, LARSON and PECK, Judges.


PECK, Judge.

Appellant, an owner-operator of a gasoline service station, commenced this action against appellee, a reseller-retailer of petroleum products, pursuant to the Economic Stabilization Act of 1970, as amended (ESA), 12 U.S.C. § 1904 note (1976 Supp.), and the Emergency Petroleum Allocation Act of 1973, as amended (EPAA), 15 U.S.C. § 751 et seq. (1976 Supp.), to recover alleged overcharges on gasoline purchased by appellant from the appellee...

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