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  5. 797 F.2d 983 (1986)
 

KELLERMYER v. BLUE FLAME GAS CORP.

No. 5-120.

797 F.2d 983 (1986)

David S. KELLERMYER, and Kellermyer's, Inc., Appellants, v. BLUE FLAME GAS CORP., Tenneco Oil Co., Appellees.

Temporary Emergency Court of Appeals.

Decided July 8, 1986.

Rehearing Denied September 2, 1986.

Attorney(s) appearing for the Case

Jack P. Caolo, Michael Caolo & Associates, Inc., Dallas, Tex., Ginger Lew, Stovall, Spradlin, Armstrong & Israel, Washington, D.C., and Terrence William Ackert, Ackert & Wiser, Orlando, Fla., were on brief, for the appellants.

Lloyd D. Cunningham, Reynolds, Allen & Cook, Houston, Tex., and Alfred B. Smith, Jr. and Allan Brain, Tenneco Oil Co., Houston, Tex., were on brief, for appellees.

Before JAMESON, DAUGHERTY, and WESLEY E. BROWN, Judges.

DAUGHERTY, Judge.

The Appellants' cause of action in this case arises under Section 210 of the Economic Stabilization Act of 1970, 12 U.S.C. § 1904 note (ESA), as incorporated into the Emergency Petroleum Allocation Act of 1973, 15 U.S.C. 751, et seq. (EPAA). In this appeal the Appellants allege error by the District Court in applying the four year Texas statute of limitations to their cause of action and in not finding that Defendants have waived limitations...

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