LERNER v. ATLANTIC RICHFIELD CO.

No. 9-78.

731 F.2d 898 (1984)

Paul LERNER d/b/a Lerner Oil Co., Plaintiff-Appellant, v. ATLANTIC RICHFIELD CO., Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided March 13, 1984.

Rehearing and Rehearing Denied April 10, 1984.


Attorney(s) appearing for the Case

James S. Williams (argued) and Michael H. Bonner of Froneberger, Bonner & Zeff, San Francisco, Cal., on the brief for plaintiff-appellant Lerner.

F. Bruce Dodge (argued) and Samuel R. Miller, Stephen J. Schrader of Morrison & Foerster, San Francisco, Cal., and Richard C. Morse and Richard A. Stephens, Los Angeles, Cal., for defendant-appellee Atlantic Richfield Co.

Before JAMESON, DUNIWAY and McNICHOLS, Judges.


Rehearing and Rehearing En Banc Denied April 10, 1984.

DUNIWAY, Judge:

Lerner appeals from two summary judgments which, together, disposed of the entire action. We affirm.

I. The proceedings in the trial court.

The complaint was filed on July 20, 1979, and an amended complaint on November 15, 1979. There were two claims for relief alleged, but the second was later dismissed pursuant to a stipulation. Atlantic Richfield moved for summary...

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