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CADIGAN v. TEXACO, INC.

No. 72-1194.

492 F.2d 383 (1974)

Edward C. CADIGAN, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. TEXACO, INC., and Wickland Oil Co., Inc., doing business as King Dollar, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 19, 1974.

Attorney(s) appearing for the Case

M. K. Tescher, Jr. (argued), of Lopez, Kennedy & Srite, John D. Barr, of Coshow Barr & Tocher, Redding, Cal., for plaintiff-appellant.

Nels A. Christensen, Chico, Cal. (argued) for Wickland.

Robert E. Laughlin, of Laughlin, Craig & Christensen, Chico, Cal., William Tousley Smith, New York City (argued), for Texaco.

Robert K. Puglia, of McDonough, Holland, Schwartz, Allen & Wahrhaftig, Sacramento, Cal., for defendants-appellees.

Before KOELSCH, GOODWIN and WALLACE, Circuit Judges.

OPINION

KOELSCH, Circuit Judge:

Plaintiff Cadigan appeals from summary judgment rendered in favor of defendants Texaco, Inc., and Wickland Oil Co.

In his complaint plaintiff alleges a violation of § 2(a) of the Robinson-Patman Act, 15 U.S.C. § 13(a) et seq., by Texaco, and of § 2(f) by Wickland. These sections provide:

"(a) It shall be unlawful for any person engaged in commerce,...

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