Free Status Report - District Court of Federal Claims - federal

Case 1:02-cv-01460-LB

Document 29

Filed 05/06/2003

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS HERMES CONSOLIDATED, INC., Doing Business As Wyoming Refining Company, Plaintiff, vs. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

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 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 (slip op. at 5); (3) DESC's harm "argument must fail" because "there is clearly a genuine issue as to material issues of fact regarding harm or damages" (id. at 5); 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 Plaintiff, Hermes Consolidated, Inc., Doing Business As Wyoming Refining Company

Case 1:02-cv-01460-LB

Document 29

Filed 05/06/2003

Page 2 of 2

Of Counsel: Adrian L. Steel, Jr. Nicole H. Fradette Mayer, Brown, Rowe & Maw 1909 K Street, N.W. Washington, DC 20006 May 6, 2003

2