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VAN VRANKEN v. ATLANTIC RICHFIELD CO.

No. 9-101.

890 F.2d 421 (1989)

Don VAN VRANKEN, et al., Plaintiffs-Appellees, v. ATLANTIC RICHFIELD COMPANY, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided October 10, 1989.

Rehearing and Rehearing Denied November 20, 1989.

Attorney(s) appearing for the Case

F. Bruce Dodge, Samuel R. Miller, Theodore P. Senger, Morrison & Foerster, San Francisco, Cal., were on the brief for defendant-appellant Atlantic Richfield Co.

Tracy R. Kirkham and Robert B. Ericson, Hennigan & Mercer, Los Angeles, Cal., and Josef D. Cooper, San Francisco, Cal., were on the brief for plaintiffs-appellees.

Before: BECKER, WEIGEL, and THORNBERRY, Judges.

Rehearing and Rehearing En Banc Denied November 20, 1989.

THORNBERRY, Judge:

Defendant/appellant Atlantic Richfield Company ("ARCO") appeals the district court's grant of summary judgment in favor of Don Van Vranken, et al. (plaintiffs/appellees), prohibiting ARCO from retroactively reallocating crude oil costs. 699 F.Supp. 1420 (N.D.Cal.1988).

FACTS

In 1973, pursuant to the Economic Stabilization...

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