TESORO HAWAII CORP. v. U.S.

Attorney(s) appearing for the Case

J. Keith Burt, Mayer, Brown, Rowe & Maw, LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Michael E. Lackey, Jr., Gary A. Winters, and Monica A. Aquino.

Steven J. Gillingham, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Kyle Chadwick, Trial Attorney. Of counsel on the brief were Bernard A. Duval, Counsel; and Howard M. Kaufer and Donald S. Tracy, Assistant Counsel, Office of Counsel, Defense Energy Support Center, of Ft. Belvoir, Virginia.

Ralph C. Nash, Jr., of Washington, DC, for amicus curiae Chamber of Commerce of the United States. Of counsel on the brief was Robin S. Conrad, National Chamber Litigation Center, Inc., of Washington, DC.

Carolyn F. Corwin, Covington & Burling, of Washington, DC, for amicus curiae American Petroleum Institute. With her on the brief were Robert A. Long, Jr. and James R. Dean, Jr. Of counsel on the brief was Douglas W. Morris, American Petroleum Institute, of Washington, DC.

Roy T. Englert, Jr., Robbins, Russell, Englert, Orseck & Untereiner LLP, of Washington, DC, for amicus curiae National Petrochemical & Refiners Association. With him on the brief were Donald J. Russell and Max Huffman. Of counsel on the brief was Robert G. Slaughter, National Petrochemical & Refiners Association, of Washington, DC.

Before RADER, BRYSON, and GAJARSA, Circuit Judges.