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POWERINE OIL CO. v. CITY OF LONG BEACH

No. 9-84.

745 F.2d 73 (1984)

POWERINE OIL COMPANY, a California corporation, Plaintiff-Appellee, v. The CITY OF LONG BEACH, a municipal corporation; James H. Gray, Harry E. Ridings, Jr., and Richard G. Wilson, as members of the Board of Harbor Commissioners of the City of Long Beach; Don Phillips, Wallace Edgerton, Renee B. Simon, Thomas J. Clark, Ernie Kell, James H. Wilson, Eunice N. Sato, Wes Carroll, Jr., and Russell Rubley, as members of the City Council of the City of Long Beach; John E. Dever, as City Manager of the City of Long Beach; and Leonard W. Brock, as General Manager of the Department of Oil Properties of the City of Long Beach, Defendants-Appellants.

Temporary Emergency Court of Appeals.

Decided September 14, 1984.

Attorney(s) appearing for the Case

Robert W. Parkin, City Atty., and Richard A. Alesso, Deputy City Atty., Long Beach, Cal., were on the brief, for defendants-appellants.

Lisa S. Katz and Richard T. Williams, Kadison, Pfaelzer, Woodward, Quinn & Rossi, Los Angeles, Cal., were on the brief, for plaintiff-appellee.

Before ZIRPOLI, MacBRIDE and CRAIG, Judges.

Submitted on the Briefs and Record on Appeal.

ZIRPOLI, Judge.

Appellant City of Long Beach raises three issues in this appeal from the judgment entered against it on its second and third counterclaims and on plaintiff Powerine Oil Company's claim for recovery of overcharges under § 210(b) of the Economic Stabilization Act of 1970, 12 U.S.C. § 1904 note, as incorporated in the Emergency Petroleum Allocation Act of 1973, 15 U.S.C. § 751 et...

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