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LUNDAY-THAGARD CO. v. U.S. DEPT. OF INTERIOR

No. 5-115.

773 F.2d 322 (1985)

LUNDAY-THAGARD COMPANY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT of the INTERIOR, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided July 16, 1985.

Judgment Entered July 26, 1985.

Attorney(s) appearing for the Case

David A. Donohoe, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., with whom Jerry E. Rothrock and Harry R. Silver, Washington, D.C., were on brief for plaintiff-appellant.

Thomas Millet, Atty., U.S. Dept. of Justice, Civil Div., Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., and Stephen E. Hart, Atty., Dept. of Justice, Civil Div., Washington, D.C., were on brief for defendant-appellee.

William W. DePaulo and Richard H. Streeter, Wheeler & Wheeler, Washington, D.C., were on brief for amicus curiae Howell Corp.

John R. Cope, Darci L. Rock and Mary Caroline Parker, Bracewell & Patterson, Washington, D.C., were on brief for amicus curiae Laketon Asphalt Refining, Inc.

Before METZNER, PECK and POINTER, Judges.

METZNER, Judge.

Plaintiff Lunday-Thagard Company ("Lunday-Thagard") appeals from a judgment of the Western District of Louisiana (Veron, J.) dismissing as time-barred its action for overcharges. Section 210 of the Emergency Stabilization Act ("ESA"), 12 U.S.C. § 1904 Note, as incorporated in § 5(a)(1) of the Emergency Petroleum Allocation Act ("EPAA"), 15 U.S.C. § 754. The claim arises from the sale of crude oil by defendant United States Department...

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