KICKAPOO OIL CO. v. MURPHY OIL CORP.

No. 7-14.

779 F.2d 61 (1985)

KICKAPOO OIL COMPANY, INC., Plaintiff-Appellant, v. MURPHY OIL CORPORATION, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided November 21, 1985.


Attorney(s) appearing for the Case

William H. Bode, Spriggs, Bode and Hollingsworth, Washington, D.C., with whom John E. Varnum, Donald W. Fowler and Thomas M. Parry, were on briefs for plaintiff-appellant.

Edward L. Rubinoff, Akin, Gump, Strauss, Hauer and Feld, Washington, D.C., with whom R. Bruce McLean, and Merrill S. Spiegel, of the same firm; Donald L. Heaney and Michael J. Lawton, Isaksen, Lathrop, Esch, Hart and Clark, Madison, Wis., and W. Bayless Rowe, El Dorado, Ark., of counsel, were on brief for defendant-appellee.

Thomas C. Newkirk, Larry P. Ellsworth and Floyd I. Robinson, Washington, D.C., were on brief for amicus curiae, Dept. of Energy.

Before GARZA, WESLEY E. BROWN and THORNBERRY, Judges.


THORNBERRY, Judge.

Kickapoo appeals the district court's judgment dismissing its overcharge claim against Murphy. It complains that the district court erred by granting Murphy's motion in limine to exclude Kickapoo's analysis of alleged overcharges. Specifically, Kickapoo argues that the district court erred in holding that the Equal Application/Deemed Recovery Rule, 10 C.F.R. § 212.83(h) (1981) required Murphy's deemed recoveries to be calculated on a pricing...

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