U.S. Court of Appeals for the Federal Circuit, 1987

Tipperary Refining Co. v. United States

U.S. Court of Appeals for the Federal Circuit · Decided November 17, 1987

833 F.2d 301 (Federal Reporter, Second Series)

Counsel

Daniel Joseph, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., argued for plaintiff-appellant, Tipperary; David A. Donohoe, P.C., Jerry E. Rothrock, Harry R. Silver and John M. Cook of Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., were on brief., Richard H. Streeter, Barnes & Thorn-burg, Washington, D.C., argued for plaintiff-appellant, Domenno/Kerdoon., Dina R. Lassow, Dept, of Justice, Washington, D.C., argued for defendant-appel-lee; with her on the brief were Richard K. Willard, Asst. Atty. Gen., Dennis G. Linder and Stephen E. Hart.

Cases that cite this one

1 later published case cites this decision.

Tipperary Refining Company v. The United States, Demenno/kerdoon v. The United States (Fed. Cir. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellants are two small business oil refiners each of which entered into contracts with the Department of the Interior to purchase Government royalty oil. Such sales and purchases of Government royalty oil were subject to federal regulations from *3021973 to January 28, 1981. Both companies filed suit in the Claims Court under the Tucker Act (28 U.S.C. § 1491(a)(1)) to recover for allegedly excessive prices collected by the Government contrary to that federal regulatory scheme. The Government moved to dismiss on the ground that there was no jurisdiction in the Claims Court to consider such claims. Judge Har-kins of the Claims Court held that there was no such jurisdiction, and therefore dismissed the complaints. Tipperary Refining Co. v. United States, 11 Cl.Ct. 572 (1987). We agree with his views and affirm on the basis of that opinion.

AFFIRMED.

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