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NORTHERN OIL CO. v. STANDARD OIL CO. OF CAL.

Nos. 2-41, 2-42, 2-45 and 2-46.

761 F.2d 699 (1985)

NORTHERN OIL COMPANY, INC., Bray Oil Company, Inc., Northern Terminals, Inc., and Dana S. Bray, Plaintiffs-Appellants and Cross-Appellees, v. STANDARD OIL COMPANY OF CALIFORNIA and Chevron U.S.A. Inc., Defendants-Appellees and Cross-Appellants.

Temporary Emergency Court of Appeals.

Decided March 18, 1985.

Judgment Entered March 26, 1985.

Rehearing and Rehearing Denied April 24, 1985.

Attorney(s) appearing for the Case

Richard E. Davis, Richard E. Davis Associates, Inc., Barre, Vt., with whom David L. Cleary, Miller, Norton & Cleary, Rutland, Vt., were on brief, for plaintiffs-appellants and cross-appellees.

Jeffrey S. Facter, Cravath, Swaine & Moore, New York City, with whom Allen F. Maulsby, Steven H. Rouhandeh and Robin C. Landis, New York City, of the same firm, were on brief; Douglas C. Pierson and Richard W. Affolter, Pierson, Affolter & Wadhams, Burlington, Vt., of counsel, for defendants-appellees and cross-appellants.

Before HOFFMAN, GIGNOUX and METZNER, Judges.

Rehearing and Rehearing En Banc Denied April 24, 1985.

METZNER, Judge:

This is an action for overcharges, and for consequential and punitive damages, under Section 210(a) and (b) of the Economic Stabilization Act of 1970 ("ESA"), 12 U.S.C. § 1904 note (1980 Supp.), as incorporated in the Emergency Petroleum Allocation Act ("EPAA"), 15 U.S.C. § 751 et seq., for violations of various regulations implementing the EPAA, and for common law fraud...

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