Thriftway Company v. Amorient Petroleum Incorporated, and Pacific Resources, Inc. Hawaiian Independent Refinery, Inc.

959 F.2d 241 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. THRIFTWAY COMPANY, Plaintiff-Appellee, v. AMORIENT PETROLEUM INCORPORATED, Defendant, and Pacific Resources, Inc.; Hawaiian Independent Refinery, Inc., Defendants-Appellants. No. 91-55188. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 6, 1992. Decided April 8, 1992. Before BRUNETTI, O'SCANNLAIN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Thriftway Company ("Thriftway") was granted a declaratory judgment the effect of which was that Hawaiian Independent Refinery, Inc. ("HIRI") contribute towards the cost of a Department of Energy ("DOE") order which required Thriftway to refund improperly paid crude oil refining entitlement benefits. 3 * HIRI alleges that the Hawaiian statute of limitations, or the limitation period in paragraph 4.4(d) of the processing agreement ("agreement") barred Thriftway from bringing this action. The district court found that paragraph 4.4(d) was ambiguous…