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EASTERN AIR LINES, INC. v. ATLANTIC RICHFIELD CO.

No. 74-1207-Civ-SMA.

470 F.Supp. 1050 (1979)

EASTERN AIR LINES, INC., Plaintiff, v. ATLANTIC RICHFIELD COMPANY, Defendant, United States Department of Energy, the Honorable James R. Schlesinger, Secretary of Energy, Economic Regulatory Administration and the Honorable David Bardin, Administrator of the Economic Regulatory Administration, Unaligned Third Parties.

United States District Court, S. D. Florida, Miami Division.

May 4, 1979.

Attorney(s) appearing for the Case

Donald L. Rickertsen, Gambrell, Russell & Forbes, Atlanta, Ga., James Knight, Walton, Lantaff, Schroeder & Carson, Miami, Fla., for plaintiff.

Lawrence R. Metsch, Paul, Landy & Beiley, Miami, Fla., Michael J. Myers, Atlantic Richfield Co., Los Angeles, Cal., for defendant.

Thomas H. Kemp, U. S. Dept. of Energy, Washington, D. C., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for unaligned third parties.

MEMORANDUM OPINION

ARONOVITZ, District Judge.

IN CONNECTION with the so-called "energy crisis" of 1973, Eastern was required by the United States Government to purchase aviation jet fuel from Atlantic Richfield ("ARCO") at Chicago's O'Hare International Airport and at Dallas' Love Field during the period November 1, 1973, to October 24, 1974. Because no contract existed between Eastern and ARCO during the period, the prices charged for the purchased fuel...

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