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McWHIRTER DISTRIBUTING CO., INC. v. TEXACO, INC.

Nos. 9-49, 9-50.

668 F.2d 511 (1981)

McWHIRTER DISTRIBUTING COMPANY, INC., et al., Plaintiffs-Appellants, v. TEXACO INC., Defendant-Appellee. M.A.P. OIL COMPANY, INC., et al., Plaintiffs, v. TEXACO INC., Defendant-Appellant, v. DEPARTMENT OF ENERGY, Third-Party Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Mark Kreitman, Dept. of Energy, Washington, D. C., with whom Paul G. Wallach, Paul M. Geier and Emily Sommers, Washington, D. C., were on the brief for Dept. of Energy, third-party defendant-appellee.

Michael H. Bonner, Froneberger, Bonner & Zeff, San Francisco, Cal., with whom Henry D. Froneberger, San Francisco, Cal., was on the brief for plaintiffs-appellants, McWhirter Distributing Co., Inc., et al.

David A. Luttinger, White Plains, N. Y., with whom David G. Yetter, Los Angeles, Cal., and Eric Watt Wiechmann, Cummings & Lockwood, Stamford, Conn., were on the brief for defendant-appellee, Texaco Inc. in No. 9-49 and were on the brief for defendant-appellant, Texaco Inc. in No. 9-50.

Before CHRISTENSEN, JAMESON and DUNIWAY, Judges.

CHRISTENSEN, Judge.

These two appeals involve a single civil action which originated as a private damage suit in the United States District Court for the Northern District of California. McWhirter Distributing Company, Inc., and other independent petroleum distributors (the distributors) brought suit against Texaco Inc. (Texaco) pursuant to the Emergency Petroleum Allocation Act of 1973 (EPAA), 15 U.S.C. §§ 751 et seq. (incorporating inter alia...

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