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CLARK OIL CO., INC. v. TEXACO INC.

Civ. A. No. 83-869 LON.

609 F.Supp. 1373 (1985)

CLARK OIL CO., INC., on Behalf of itself and all others similarly situated, Plaintiff, v. TEXACO INC., Defendant and Counterclaim Plaintiff, v. CLARK OIL CO., INC. and Department of Energy, Counterclaim Defendants.

United States District Court, D. Delaware.

May 9, 1985.

Attorney(s) appearing for the Case

John James Conly, Wilmington, Del., for Clark Oil Co., Inc.; Gregg R. Potvin, of Southmayd, Powell, Taylor & Bower, Washington, D.C., of counsel.

Richard D. Allen, and William O. LaMotte, III, of Morris, Nichols, Arsht & Tunnel, Wilmington, Del., for Texaco Inc.; Joseph P. Foley, and David A. Luttinger, of Texaco Inc., New York City, of counsel.

Sue L. Robinson, Asst. U.S. Atty., Wilmington, Del., for Dept. of Energy; Marcia K. Sowles, Larry P. Ellsworth, Maureen Katz, and David A. Engels, Dept. of Energy, Washington, D.C., of counsel.

OPINION

LONGOBARDI, District Judge.

This is an action for damages filed by Clark Oil Co., Inc. ("Clark"), on its own behalf and as the representative of a class of Texaco distributors, against Defendant Texaco, Inc. ("Texaco") under section 210 of the Economic Stabilization Act, 12 U.S.C. § 1904. Clark, a distributor of Texaco products, alleges that Texaco violated the Department of Energy's ("DOE") crude oil price regulations thereby overcharging it...

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