Free Status Report - District Court of Federal Claims - federal

Case 1:02-cv-00466-LB

Document 57

Filed 05/04/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SUNOCO, INC., and PUERTO RICO SUN OIL COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 02-466C (Chief Judge Damich)

STATUS REPORT Pursuant to the Court's April 26, 2005 and March 5, 2004 Orders, Plaintiffs, Sunoco, Inc., and Puerto Rico Sun Oil Company (collectively "Sunoco"), on behalf of both Sunoco and Defendant, the United States, respectfully submit this Status Report in response to the Court's inquiry concerning the issuance of a Federal Circuit decision in the similarly-situated case of Tesoro Hawaii Corporation, et al. v. United States, No. 04-5064 (Fed. Cir. Apr. 26, 2005). Plaintiffs-Appellants in Tesoro, also represented by counsel of record for Sunoco here, have stated that they intend to file a petition for rehearing en banc before the Federal Circuit. Because Tesoro involves the same fundamental issues concerning the legality of DESC's military fuel prices that are present in this case, Sunoco and the United States jointly request that the Court continue the stay of proceedings in this case until resolution of the petition for rehearing en banc in Tesoro. Should the Court grant the parties' request to continue the stay, the

Case 1:02-cv-00466-LB

Document 57

Filed 05/04/2005

Page 2 of 2

parties will file a Status Report within fourteen days of the issuance of the mandate in Tesoro. Respectfully submitted, s/ J. Keith Burt J. Keith Burt Mayer, Brown, Rowe & Maw LLP 1909 K Street, N.W. Washington, D.C. 20006 (202) 263-3208 (Phone) (202) 263-5308 (Fax) Attorneys for Sunoco, Inc., and Puerto Rico Sun Oil Company Of Counsel: Gary A. Winters Mayer, Brown, Rowe & Maw LLP 1909 K Street, N.W. Washington, D.C. 20006 May 4, 2005

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