Martin Oil Service, Inc. v. Koch Refining Co.

MEMORANDUM AND ORDER

MORAN, District Judge.

Before the court is defendants’ motion for partial summary judgment. By consent of both parties this court deferred decision on this motion pending the result in two consolidated cases before the Temporary Emergency Court of Appeals, the court with exclusive appellate jurisdiction over this case. On December 20, 1983, the appellate court reached its decision.

I. Background

Plaintiff brought this action to recoup overcharges on 875,900,000 gallons of motor gasoline sold to it by defendants between August 19, 1973 and January 28, 1981. Plaintiffs fourth…