Shell Oil Co. v. United States

OPINION

SMITH, Senior Judge.

7. INTRODUCTION1

During World War II, the United States required massive quantities of 100-octane aviation gasoline (“avgas”) for use in airplane engines. The production of avgas was a critical requirement for the successful prosecution of the war.2 Because of this, the Government had the authority to require the production of avgas at refineries owned by Plaintiffs and to seize the refineries if necessary. However, instead of seizing the refineries, the Government entered into contractual agreements with Plaintiffs to ensure avgas production.

Long after World War II…