OERTHER v. PENNZOIL CO.

No. 6-33.

763 F.2d 420 (1985)

Morley OERTHER and Charles Oerther, d/b/a Oerther Brothers Service, a partnership, Appellants, v. PENNZOIL COMPANY, a foreign corporation, Appellee.

Temporary Emergency Court of Appeals.

Decided April 23, 1985.


Attorney(s) appearing for the Case

Andrew J. Haliw, III and Karen L. Faber, Sullivan & Leavitt, Northville, Mich., were on brief, for appellants.

Donald B. Miller, Butzell, Long, Gust, Klein & Van Zile, Detroit, Mich., and Bradley Ford Stuebing, Houston, Tex., were on brief, for appellee.

Before METZNER, BONSAL and LACEY, Judges.


Submitted on the Briefs.

METZNER, Senior District Judge.

Plaintiffs Morley and Charles Oerther, operators of a retail gasoline service station, appeal from a judgment of the Eastern District of Michigan (Freeman, J.) dismissing as time barred their action for overcharges under the Emergency Petroleum Allocation Act (EPAA).

This is an action to recover compensatory and double damages pursuant to Section 210 of the Economic Stabilization Act, 12 U.S...

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