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PRESTIN v. MOBIL OIL CORP.

No. 83-5637.

741 F.2d 268 (1984)

Dwayne PRESTIN, Plaintiff-Appellant, v. MOBIL OIL CORPORATION, a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted February 29, 1984.

Decided August 24, 1984.

As Amended October 2, 1984.

Attorney(s) appearing for the Case

James H. Lehr, Shapiro, Laufer, Posell & Close, Los Angeles, Cal., for plaintiff-appellant.

Robert L. Hess, Los Angeles, Cal., for defendant-appellee.

Before BROWNING and NORRIS, Circuit Judges, SOLOMON, District Judge:

NORRIS, Circuit Judge:

Appellant, Dwayne Prestin, a gasoline station franchisee, appeals from a summary judgment declaring that appellee, Mobil Oil Corporation, had lawfully terminated his lease of a Mobil gasoline station and ordering Prestin to relinquish possession of his station to Mobil. The question presented on appeal is whether, under California law, Mobil could arbitrarily refuse to consent to the assignment of Prestin's lease when the lease provided that...

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