Free Status Report - District Court of Federal Claims - federal

Case 1:02-cv-00466-LB

Document 37

Filed 05/14/2003

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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)

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 in Phoenix Petroleum Co. v. United States, No. 97-315C (Fed. Cl. Apr. 30, 2003) (attached). In that decision, the Court held, inter alia, that: (1) DESC's fuel prices are illegal; (2) an affected supplier "is entitled to quantum valebant relief or, in the alternative, reformation"; (3) DESC's harm "argument must fail" because "there is clearly a genuine issue as to material issues of fact regarding harm or damages"; and (4) Phoenix Petroleum did not waive its claim. Respectfully submitted, s/J. Keith Burt J. Keith Burt Mayer, Brown, Rowe & Maw 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

Case 1:02-cv-00466-LB

Document 37

Filed 05/14/2003

Page 2 of 2

Of Counsel: Gary A. Winters Mayer, Brown, Rowe & Maw 1909 K Street, N.W. Washington, D.C. 20006 May 14, 2003

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