The industry standard for fuel is supposed to be 60 degrees, but at the pump fuel is often sold at temperatures higher than that, which gives less energy per gallon, according to the lawsuit. The oil industry adjusts fuel volumes to the 60-degree standard through most of the distribution channels except at the retail pump.

Take Lakeland-based truck driver owner-operator Bill Younger, one of 11 plaintiffs who filed the lawsuit in U.S. District Court in Northern California.

''The trucking industry and owner-operators in particular have been taking a beating in many, many areas and this hot fuel thing is one of them,'' said Younger by phone on Thursday, as his wife, who works alongside him, drove their truck through the hills of Wyoming.

Younger, who has been working on the road for more than 50 years, said the couple's annual fuel costs were between $20,000 and $30,000. He joined the lawsuit, he said, because he knows they would save money if temperature regulators were placed on gas pumps, as is standard in Canada.

''Every little bit counts,'' he said.

The suit, which is seeking class-action status, alleges that fuel sold with its volume not adjusted for temperature is anti-competitive and obscures the ''true price'' of motor fuel bought by consumers. As a result, the suit said, consumers are unable to make informed decisions when buying fuel because of the industry-wide practice.

Besides seeking an unspecified amount of damages, it is asking the court to require retailers to install temperature-correction equipment on their retail pumps or post notices of the temperature of the fuel being sold.

But local gas station operator Max Alvarez said the lawsuit was at best frivolous.

''This is just a way for lawyers to bring more lawsuits,'' said Alvarez, president of Sunshine Gasoline Distributors, which operates about 55 gas stations in South Florida and supplies gas to about 155 stations in the region. ``It's so ridiculous and so bogus it doesn't make sense.''

COST PREDICTION

Alvarez argued that prices at local gas stations are set by competitive pressures and how much they pay refiners and said that adding temperature gauges at pumps is ultimately just another cost that will be passed onto consumers.

The suit is seeking class-action status to represent consumers in California, Arizona, Texas, Florida, North Carolina, New Jersey and Virginia.

The suit claims that state laws meant to protect consumers from deceptive practices are being violated.

The lawsuit comes nearly four months after a series The Kansas City Star published on the issue of hot fuel. While the energy decrease can amount to just a few cents less a gallon, it adds up, the paper said. Its investigation found that at current prices, U.S. consumers are spending about $2.3 billion more for gasoline and diesel this year than they otherwise would if fuel pumps were adjusted to account for expansion of hot fuel.

In Canada, temperature gauges at the pump have been standard since a law was passed in 1990 that allows retailers to make temperature adjustments on the pumps on a voluntary basis.

OPPOSITE EFFECT

There, because of the cold weather, having the gauges on pumps works the opposite way -- and it meant Canadian customers who had been catching a break on fuel would no longer be allowed to do so, supporters of the law argued.

Hawaii is the only U.S. state that requires extra volume on its gallon. The Hawaiian gallon, originally introduced during the 1970s energy crisis, helps offset the hotter temperature in its climate that causes gas to expand.

The U.S. industry standard for a gallon of gasoline is 231 cubic inches at 60 degrees Fahrenheit. The Hawaiian gallon contains nearly 234 cubic inches of fuel.

Kansas City Star reporter Steve Everly contributed to this report.