MIDWEST PETROLEUM CO. v. U.S. DEPT. OF ENERGY

No. 8-16.

760 F.2d 287 (1985)

MIDWEST PETROLEUM CO., Oliver Doerflinger Oil Co., Inc., Joe Rayl, Inc., Saveway Oil Co., McLeroy Oil Co. of Independence, Inc., Malone Oil Co., Sunglo, Inc., Palmer Oil Co., Dal-Rich Oil Company, Carr Oil Co., Inc., Tommy Gage Oil Co., Felts Company, Inc., Hooper Oil Co., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF ENERGY, Donald Hodel, Secretary, United States Department of Energy, and Milton C. Lorenz, Special Counsel for the United States Department of Energy, American Petrofina Company, Inc., Defendants-Appellees.

Temporary Emergency Court of Appeals.

Decided March 25, 1985.


Attorney(s) appearing for the Case

Donald H. Grissom, Austin, Texas, for plaintiffs-appellants.

Richard Greenberg, U.S. Dept. of Justice, Civ. Div., Washington, D.C., argued, with whom on brief were Stephen E. Hart, Charles E. Davidow, of Wilmer, Cutler & Pickering, argued for American Petrofina, with whom on brief was Jay F. Lapin, of the same firm.

Before JAMESON, GRANT and PECK, Judges.


JOHN W. PECK, Judge.

This case is before the court upon an appeal from the order of the district court granting Appellees' motions to dismiss, or in the alternative, for summary judgment. Appellants are independent jobber-marketers and purchaser-resellers of various petroleum products. Appellee American Petrofina, Inc. ("Fina"), a producer and refiner of crude oil, purportedly sold its product to each of the Appellants during the period 1974-81. During this period...

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