Thomas W. Bell v. Exxon Company, U. S. A., a Division of Exxon Corporation, a Corporation and Humble Oil & Refining Company, a Corporation

Appellant’s first three claims pertain to his primary contention that appellee deprived him of sufficient gasoline supplies unfairly and in derogation of appellant’s contractual rights. The district court granted summary judgment on the ground that appellee’s failure to deliver on its contractual commitments was excused by virtue of the voluntary allocation program, promulgated under the Economic Stabilization Act of 1970, as amended, 12 U.S.C. § 1904, note (Supp.1977) and the Emergency Petroleum Allocation Act of 1973, as amended, 15 U.S.C. § 751, et seq. (1976). Clearly, the power of…