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Conoco, Inc. (“Conoco”) appeals a decision of the United States District Court for the District of Kansas in which the court’s summary judgment decision granted in-part Conoco’s claim against J.M. Huber Corporation (“Huber”) for reimbursement of amounts Conoco paid for overcharges arising from the sale of petroleum products at higher-than-regulated prices during 1980-81. See Conoco Inc. v. J.M. Huber Corp., 148 F. Supp. 2d 1157 (D. Kan. 2001). Although it granted Conoco’s claim for the principal overcharge amount, in the remedy portion of its decision, the district court exercised its equitable powers and denied Conoco’s request for reimbursement from Huber of prejudgment interest on such principal amount. Because such denial was not an abuse of discretion, we affirm.


For nine months in 1980-81, from May 1980 through January 1981 (the “stripper period”), Conoco operated a crude oil field (the North East Cherokee Unit or “NECU”) located in Oklahoma in which Huber owned the rights to approximately three percent of the crude oil production. Conoco, 148 F. Supp. 2d. at 1164. Conoco owned the rights to approximately thirty-eight percent of the production and third parties owned the rights to the remainder of the production. During the stripper period, Sun Oil Company (“Sun”) purchased all the crude oil from NECU, paying third parties such as Huber directly. Id.

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