BELL v. EXXON CO., U.S.A.

No. 75-2513.

575 F.2d 714 (1978)

Thomas W. BELL, Plaintiff-Appellant, v. EXXON COMPANY, U. S. A., a division of Exxon Corporation, a corporation and Humble Oil & Refining Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended May 23, 1978.

Rehearing Denied June 28, 1978.


Attorney(s) appearing for the Case

Stephen T. Mugglebee, National City, Cal., for plaintiff-appellant.

Jack D. Fudge, of McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for defendants-appellees.

Before BROWNING, GOODWIN and KENNEDY, Circuit Judges.


PER CURIAM:

Appellant's first three claims pertain to his primary contention that appellee deprived him of sufficient gasoline supplies unfairly and in derogation of appellant's contractual rights. The district court granted summary judgment on the ground that appellee's failure to deliver on its contractual commitments was excused by virtue of the voluntary allocation program, promulgated under the Economic Stabilization Act of 1970, as amended, 12 U.S.C....

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