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STERTZ v. GULF OIL CORP.

No. 2-49.

783 F.2d 1064 (1986)

Joseph STERTZ and Louis DeNicola, Plaintiffs, v. GULF OIL CORPORATION, Defendant-Appellant, and John S. Herrington, Secretary of the Department of Energy, as Stakeholder-Appellee, and United States of America, Intervenor-Counter-Claimant-Appellee.

Temporary Emergency Court of Appeals.

Decided January 29, 1986.

Attorney(s) appearing for the Case

John W. Castles 3d, John D. Gordan, III, Banks Brown, Lord, Day & Lord, New York City, and Charles O. Murray, Gulf Oil Corp., Houston, Tex., for defendant-appellant.

Thomas P. Battistoni, Asst. U.S. Atty., Raymond J. Dearie, U.S. Atty., Brooklyn, N.Y., with Thomas C. Newkirk, Larry P. Ellsworth, Marcia K. Sowles, Beth N. Mizuno, Paul M. Geier, Attys., Dept. of Energy, Washington, D.C., for federal appellees.

Before GIGNOUX, METZNER and LACEY, Judges.

LACEY, Judge.

The long and convoluted history of this case1 began in April 1977 when the Department of Energy (DOE) alleged that Gulf Oil Corporation (Gulf) had overstated its interaffiliate landed crude oil costs by approximately $79 million (later reduced to $73 million) during the period October 1973 to May 1975. Gulf opposed the proposed disallowance on factual and legal grounds.

The resultant dispute was apparently resolved...

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