OPINION
SAND, District Judge.
Defendant Texaco Inc. (hereinafter "Texaco") has moved for summary judgment in this action brought inter alia under the Emergency Petroleum Allocation Act of 1970, 15 U.S.C. § 751 et seq. (hereinafter "EPAA"), and regulations adopted thereunder, and the Economic Stabilization Act of 1970, 12 U.S.C. § 1904 Note (hereinafter "ESA"). Defendant also asserts that the complaint fails to state a claim and should...
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