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WESTERN MOUNTAIN OIL, INC. v. GULF OIL CORP.

No. 9-76.

726 F.2d 765 (1983)

WESTERN MOUNTAIN OIL, INC., Plaintiff-Appellant, v. GULF OIL CORPORATION, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided December 22, 1983.

Attorney(s) appearing for the Case

Neva T. Campbell, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., and John W. Hoffman, Bowen, Swafford & Hoffman, Reno, Nev., were on the brief for plaintiff-appellant.

Bradley Ford Stuebing, The Gulf Companies, Houston, Tex., with whom Robert F. Ochs, Charles O. Murray, III and J. Ronald Sandberg, Houston, Tex., were on the brief for defendant-appellee.

James S. Williams and Michael H. Bonner, Froneberger, Bonner & Zeff, San Francisco, Cal., were on the brief of amicus curiae Paul Lerner d/b/a Lerner Oil Co.

Before GARZA, BROWN and THORNBERRY, Judges.

GARZA, Judge:

Western Mountain Oil, Inc. ("Western Mountain") brought this action for petroleum pricing overcharges against Gulf Oil Corporation ("Gulf") under the Emergency Petroleum Allocation Act of 1973 (EPAA), 15 U.S.C. § 751 et seq. and § 210 of the Economic Stabilization Act of 1970 (ESA), as amended, 12 U.S.C. § 1904 (note). The district court, 575 F.Supp. 813, granted summary judgment for Gulf, holding...

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