Free Status Report - District Court of Federal Claims - federal

Case 1:02-cv-00466-LB

Document 45

Filed 09/29/2003

Page 1 of 2

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)

PLAINTIFFS' STATUS REPORT Plaintiffs, Sunoco, Inc. and Puerto Rico Sun Oil Company (collectively "Sunoco"), hereby submit this Status Report in order to bring to the Court's attention the recent decision involving DESC's price adjustment clause in Tesoro Hawaii Corp. v. United States, No. 02704C (Fed. Cl. September 15, 2003) (attached). In that decision, the Court held, inter alia, that: (1) DESC's fuel prices and purported individual and class deviations are illegal; (2) plaintiffs did not, as a matter of law, waive their claims because "rights which implicate the institutional concerns of the United States government in application of the law may not be waived;" (3) plaintiffs are entitled to recover under quantum valebant; and (4) plaintiffs are not required to establish "harm" by showing "what prices a different clause might have produced."

Case 1:02-cv-00466-LB

Document 45

Filed 09/29/2003

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) 263-5208 (Fax) Attorneys for Plaintiffs 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 September 29, 2003

2