Fleetwing Corp. v. Mobil Oil Corp.

GARZA, Judge:

This is an action arising under the Emergency Petroleum Allocation Act of 1973 (EPAA), 15 U.S.C. § 751 et seq., and the several regulations promulgated thereunder. The district court granted the defendant’s motion for summary judgment, finding that the action was barred by limitations.

Plaintiff-appellant Fleetwing Corporation (“Fleetwing”) was the only nonbranded independent marketer of Mobil gasoline in Florida during the years 1970 to 1972. It purchased gasoline from appellee Mobil Oil Corporation (“Mobil”) frequently during that time, and paid less per gallon than Mobil’s…