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PACIFIC SERVICE STATIONS CO. v. MOBIL OIL CORP.

No. 9-59.

689 F.2d 1055 (1982)

PACIFIC SERVICE STATIONS CO., a California corporation, George Pearson, an individual; Trans Tech Resources, Inc., a California corporation; Conrad Tona, an individual, d/b/a Tona's Service Station; Melvin L. Roberts, an individual, d/b/a Roberts Enterprises, Plaintiffs-Appellants, v. MOBIL OIL CORPORATION, a New York corporation, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided September 17, 1982.

Attorney(s) appearing for the Case

James S. Williams, Froneberger, Bonner & Zeff, with whom Michael A. Bonner, San Francisco, Cal., of the same firm, on brief for plaintiffs-appellants.

Jack D. Fudge, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., with whom Michael L. Hickok and Linda C. Miller, San Francisco, Cal., of the same firm, on brief for defendant-appellee.

Before JAMESON, DUNIWAY and ZIRPOLI, Judges.

ZIRPOLI, Judge.

Five retail gasoline dealers appeal for the second time from the district court's entry of summary judgment holding that appellee Mobil Oil Corporation's unilateral withdrawal of their discounts on gasoline purchases did not result in charges exceeding the maximum lawful price under the Emergency Petroleum Allocation Act ("EPAA"), 15 U.S.C. §§ 751-760h and the regulations promulgated thereunder, 10 C.F.R. §§ 210-214.

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