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HUMBOLDT OIL CO., INC. v. EXXON CO., U.S.A.

No. 82-4134.

695 F.2d 386 (1982)

HUMBOLDT OIL CO., INC., and J.R. Mastelotto, Plaintiffs-Appellees, v. EXXON COMPANY, U.S.A., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1982.

Attorney(s) appearing for the Case

David M. Heilbron, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for defendant-appellant.

Peter L. Spinetta, Bell, Rosenberg, Spinetta & Randick, Oakland, Cal., for plaintiffs-appellees.

Before SKOPIL and FLETCHER, Circuit Judges, and SCHWARTZ, District Judge.

SKOPIL, Circuit Judge:

This is an appeal of a preliminary injunction, Humboldt Oil Co., Inc. v. Exxon Co., U.S.A., 532 F.Supp. 896 (D.Nev.1982), issued pursuant to provisions of the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. §§ 2801 et seq. We reverse and vacate the preliminary injunction.

BACKGROUND

Humboldt Oil Co., Inc. (Humboldt) and J.R. Mastelotto (Mastelotto) sell motor...

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