Free Joint Status Report - District Court of Federal Claims - federal

Case 1:02-cv-00466-LB

Document 54

Filed 02/20/2004

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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)

JOINT STATUS REPORT Pursuant to the Court's February 6, 2004 Order, Plaintiffs, Sunoco, Inc., and Puerto Rico Sun Oil Company, and Defendant, the United States, respectfully submit this Joint Status Report. The parties jointly request that the Court stay proceedings in this case. As the Court is aware, a petition for permission to appeal was filed before the United States Court of Appeals for the Federal Circuit in the similarly situated case of Tesoro Hawaii Corporation, Tesoro Alaska Company, and Hermes Consolidated, Inc., d/b/a Wyoming Refining Company v. United States, No. 04-5064 (Fed. Cir.). The Federal Circuit granted the petition on February 2, 2004. Because the pending appeal involves the same fundamental issues concerning the legality of DESC military fuel prices that are present in this case, the parties request the Court stay proceedings in this case until the Federal Circuit issues its decision in Tesoro Hawaii.

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Case 1:02-cv-00466-LB

Document 54

Filed 02/20/2004

Page 2 of 2

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, DC 20006 Dated: February 20, 2004 PETER D. KEISLER Assistant Attorney General /s David M. Cohen DAVID M. COHEN Director /s Steven J. Gillingham STEVEN J. GILLINGHAM Senior Trial Counsel KYLE CHADWICK Trial Attorney Commercial Litigation Branch Civil Division United States Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 (202) 616-2311 (Phone) (202) 353-7988 (Fax) Attorneys for the United States Of Counsel: BERNARD A. DUVAL Counsel HOWARD. M. KAUFER Assistant Counsel Office of General Counsel Defense Energy Support Center Fort Belvoir, VA 22060 Dated: February 20, 2004

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