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SHELL OIL CO. v. U.S.

No. 2013-5051.

751 F.3d 1282 (2014)

SHELL OIL COMPANY, Atlantic Richfield Company, Texaco, Inc., and Union Oil Company of California, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 28, 2014.

Attorney(s) appearing for the Case

Michael W. Kirk , Cooper & Kirk, PLLC, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Vincent J. Colatriano and Peter A. Patterson.

Stephen C. Tosini , 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 Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director.

Hilary S. Cairnie , BakerHostetler LLP, of Washington, DC, for amicus curiae American Fuel & Petrochemical Manufacturers. Of counsel were Richard B. Raile and Christopher H. Marraro.

Daniel M. Steinway , Baker Botts L.L.P., of Washington, DC, for amicus curiae Exxon Mobil Corporation. With him on the brief were William S. Foster, Jr. , and Michael Patrick McGovern.

Dissenting opinion filed by Circuit Judge REYNA.

WALLACH, Circuit Judge.

The seventieth anniversary of the end of active United States participation in the Second World War will fall on September 2 of next year. A nation of pragmatists, we tend to forget our history until necessity revives our memory.1 To resolve this contract claim by Shell Oil Co. ("Shell"), Atlantic Richfield Co. ("ARCO"), Texaco, Inc. ("Texaco"), and Union Oil Co. of California ("Union Oil") (collectively, "the Oil...

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