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FLEETWING CORP. v. MOBIL OIL CORP.

No. 11-5.

726 F.2d 768 (1983)

FLEETWING CORPORATION, Plaintiff-Appellant, v. MOBIL OIL CORPORATION, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided December 22, 1983.

Attorney(s) appearing for the Case

Robert E. Puterbaugh, Peterson, Myers, Craig, Crews, Brandon & Mann, P.A., Lakeland, Fla., and J. Hardin Peterson, Jr., Lakeland, Fla., was on the brief for plaintiff-appellant.

Thomas R. Trowbridge, III, Donovan, Leisure, Newton & Irvine, New York City, Gregg D. Thomas, Holland & Knight, Tampa, Fla., and Francis A. Rowen, Jr., New York City, of Counsel, Mobil Oil Corp., were on the brief for defendant-appellee.

William H. Bode, John E. Varnum, Tobey B. Marzouk and Peter N. Weiss, Spriggs, Bode & Hollingsworth, Washington, D.C., were on the brief of amici curiae Independent Oil and Tire Co., et al.

Neva T. Campbell, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., was on the brief of amicus curiae Western Mountain Oil, Inc.

Before GARZA, BROWN and THORNBERRY, Judges.

GARZA, Judge:

This is an action arising under the Emergency Petroleum Allocation Act of 1973 (EPAA), 15 U.S.C. § 751 et seq., and the several regulations promulgated thereunder. The district court granted the defendant's motion for summary judgment, finding that the action was barred by limitations.

Plaintiff-appellant Fleetwing Corporation ("Fleetwing") was the only nonbranded independent marketer of Mobil gasoline in Florida during the years...

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