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RAINEY v. UNION OIL CO. OF CALIFORNIA

TECA No. 9-77.

732 F.2d 1563 (1984)

James Q. RAINEY and Edwin E. Wampler, Plaintiffs-Appellants, v. UNION OIL COMPANY OF CALIFORNIA, Defendant-Appellee.

Temporary Emergency Court of Appeals.

Decided April 5, 1984.

Attorney(s) appearing for the Case

Edward G. Modell, with Ronald L. Plesser, of Blum & Nash, Washington, D.C., and Morton R. Galane, with James J. Jimmerson and Thomas W. Davis, II, of Galane & Jimmerson, Las Vegas, Nev., for plaintiffs-appellants.

G. Stewart Stone, Jr., of Steinhart & Falconer, San Francisco, Cal., with Steven Glade, of Gifford & Vernon, Las Vegas, Nev., for defendant-appellee.

Before CHRISTENSEN, JAMESON and McNICHOLS, Judges.

CHRISTENSEN, Judge.

The controlling issue on this appeal is whether plaintiffs-appellants, doing business as Casino Car Wash (Casino), a branded independent marketer of gasoline, substantially complied with a regulation governing designation of a new base period gasoline supplier. Construing the regulation narrowly upon trial of this case before a jury, the district court held that certain information required to be furnished to the designee Union Oil Company (Union...

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