Free Status Report - District Court of Federal Claims - federal

Case 1:02-cv-01460-LB

Document 38

Filed 09/29/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

HERMES CONSOLIDATED, INC., Doing Business As Wyoming Refining Company, Plaintiff, vs. THE UNITED STATES, Defendant.

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No. 02-1460C (Judge Block)

PLAINTIFF'S STATUS REPORT Plaintiff, Hermes Consolidated, Inc., doing business as Wyoming Refining Company ("Wyoming"), respectfully submits 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. 02-704C (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 its 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-01460-LB

Document 38

Filed 09/29/2003

Page 2 of 2

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 Plaintiff, Hermes Consolidated, Inc., Doing Business As Wyoming Refining Company Of Counsel: Adrian L. Steel, Jr. Mayer, Brown, Rowe & Maw 1909 K Street, N.W. Washington, DC 20006 September 29, 2003

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