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KERN OIL AND REFINING CO. v. TENNECO OIL CO.

Nos. 84-6268, 84-6367 and 84-6482.

792 F.2d 1380 (1986)

KERN OIL AND REFINING CO., Plaintiff/Counter-Defendant-Appellee, v. TENNECO OIL CO., Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1986.

Attorney(s) appearing for the Case

Richard E. Sherwood, O'Melveny & Myers, Los Angeles, Cal., for plaintiff/counter-defendant-appellee.

James R. Martin, Los Angeles, Cal., for defendant/counterclaimant-appellant.

Before ANDERSON, BEEZER and BRUNETTI, Circuit Judges.

BEEZER, Circuit Judge:

Kern Oil & Refining Co. filed an action against Tenneco Oil Company, seeking restitution for payments made to Tenneco under an alleged mistake of fact. Tenneco filed various counterclaims, including a claim for lost profits arising out of Kern Oil's failure to supply crude oil to Tenneco. In No. 84-6268, Tenneco challenges the district court's judgment in favor of Kern Oil on the restitution claim. In No. 84-6482, Tenneco seeks reversal...

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