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WESRECO v. UNITED STATES DEPT. OF INTERIOR

No. C 84-0126J.

618 F.Supp. 562 (1985)

WESRECO, INC., dba Western Refining Company, Industrial Energy Partners, Ltd., MM & S Partners, and Anna W. Drake, Trustee in Bankruptcy for Western Oil Marketing Company, Plaintiffs, v. UNITED STATES DEPARTMENT OF the INTERIOR, and William Clark, Secretary of the Interior, Defendants.

United States District Court, D. Utah, C.D.

April 12, 1985.

Attorney(s) appearing for the Case

Brent V. Manning, Salt Lake City, Utah, Wm. H. Bode & John E. Varnum, Washington, D.C., Spriggs, Bode & Hollingsworth, Anna M. Drake, Salt Lake City, Utah, for plaintiffs.

Leslie K. Dillon, Geoffrey R. Heath & Stephen Hart, Dept. of Justice, Washington, D.C., Peter Stirba, Asst. U.S. Atty., Salt Lake City, Utah, for defendants.

MEMORANDUM OPINION and ORDER

JENKINS, Chief Judge.

Plaintiffs filed their complaint in this action on February 17, 1984, seeking primarily money damages based on the United States' sale to them of royalty crude oil between June, 1976 and January, 1981. The sales are alleged to have been in violation of mandatory price regulations established pursuant to the Emergency Petroleum Allocation Act of 1973 (EPAA), 15 U.S.C. § 751 et seq. Defendants move for...

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