EASTERN AIRLINES, INC. v. MOBIL OIL CORP.

No. 11-6.

735 F.2d 1379 (1984)

EASTERN AIRLINES, INC., Plaintiff-Appellant, v. MOBIL OIL CORPORATION, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided May 21, 1984.


Attorney(s) appearing for the Case

John G. Despriet, Gambrell & Russell, Atlanta, Ga., with whom James H. Bratton, Jr. and Donald L. Rickertsen, Atlanta, Ga., of the same firm; Laurence A. Schroeder, Walton, Lantaff, Schroeder & Carson, Miami, Fla., and William G. Bell, Jr., Eastern Air Lines, Inc., Miami, Fla., were on the brief for plaintiff-appellant.

Thomas R. Trowbridge, III, Donovan Leisure Newton & Irvine, New York City, with whom Andrew J. Kilcarr, Maureen O'Bryon and James P. Shaughnessy, Washington, D.C., of the same firm; David S. Batcheller, Smathers & Thompson, Miami, Fla.; and Charles F. Rice, Francis A. Rowen, Jr., Mobil Oil Corporation, New York City, of counsel, were on the brief for defendant-appellee.

Before GARZA, POINTER, and SEAR, Judges.


POINTER, Judge.

On the earlier appeal of this case, 677 F.2d 879 (T.E.C.A.1982), this court affirmed the summary dismissal of Eastern's claim that it had been "overcharged" by Mobil contrary to Section 210(b) of the Economic Stabilization Act of 1970, 12 U.S.C. § 1904 note, and the Emergency Petroleum Allocation Act of 1973, 15 U.S.C. §§ 751 et seq. The case was remanded for consideration of its claim of price discrimination...

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