Legal Opinion · Concurring in part, dissenting in part

Gulf Oil Corp. v. Dyke

Temporary Emergency Court of Appeals

Decided April 17, 1984No. Nos. 9-80, 9-81Published

1Concurring in part, dissenting in partZirpoli, Judge

While I am in accord with the opinion of the majority on the issues of jurisdiction, remand for further trial on the class of purchasers determination, and the statute of limitations applicable to Fletcher, I cannot agree with the majority’s conclusions on the issues of prejudgment interest, attorney’s fees, and Fletcher’s standing. Accordingly, I must respectfully dissent.

A. Prejudgment Interest

The majority concludes that it was improper for the district court to award prejudgment interest in this case because the amount of overcharges by Gulf were not certain until after trial. The majority…

2Cases cited16 opinions

Blum v. StensonSupreme Court of the United States · 1984
Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
Hanover Shoe, Inc. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
In Re Beef Industry Antitrust Litigation, Mdl Docket No. 248. Pony Creek Cattle Co., Inc., Musselman Ranch Co., Etc., Plaintiffs-Intervenors-Appellants v. The Great Atlantic & Pacific Tea Co., R. Dirk Agee v. Safeway Stores, Inc., Meat Price Investigators Association, Etc. v. Safeway Stores, Inc., Richard S. Lowe v. Safeway Stores, Inc., A. L. Black v. Albertson's, Inc., (Two Cases). Chaparral Cattle Corp. v. Safeway Stores, Inc., Burke Petersen v. Safeway Stores, Inc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., John O. Varian v. Safeway Stores, Inc., Meat Price Investigators Association v. Safeway Stores, Inc., Etc., Little Ranch Co., Inc. v. The National Association of Food Chains, Etc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., Etc.Court of Appeals for the Fifth Circuit · 1979
Prier v. Refrigeration Engineering Co.Washington Supreme Court · 1968

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