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KERN OIL & REFINING CO. v. TENNECO OIL CO.

No. 9-99.

868 F.2d 1279 (1989)

KERN OIL & REFINING CO., Plaintiff-Appellee, v. TENNECO OIL COMPANY, Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided January 27, 1989.

Attorney(s) appearing for the Case

John P. Mathis, Jane G. Adams of Baker & Botts, Washington, D.C., James R. Martin, of Gibson, Dunn & Crutcher, Los Angeles, Cal., Boyd L. Henderson, Alfred B. Smith, Jr., Houston, Tex., for appellant Tenneco Oil Co.

Richard E. Sherwood, Suzanne F. Duff, of O'Melveny & Myers, Los Angeles, Cal., for appellee Kern Oil & Refining Co.

Before GARZA, Chief Judge, and CHRISTENSEN and BROWN, Judges.

CHRISTENSEN, Judge.

From numerous issues and a welter of proceedings in the district court, the United States Court of Appeals for the Ninth Circuit, the Supreme Court, and contemporaneously the Department of Energy, has emerged for our decision a single issue: whether the award of prejudgment interest in a case brought under § 210(a) of the Economic Stabilization Act (ESA) 1 is precluded where the damages claimed are unliquidated...

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