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PRO SALES, INC. v. TEXACO, U.S.A.

No. 85-3626.

792 F.2d 1394 (1986)

PRO SALES, INC., Plaintiff-Appellant, v. TEXACO, U.S.A., a DIVISION OF TEXACO, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1986.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., J.P. Graff, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for plaintiff-appellant.

Eric J. Nieman, Arden E. Shenker, Tooze, Kerr, Marshall & Shenker, Portland, Or., for defendant-appellee.

Before FLETCHER, ALARCON and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Plaintiff Pro Sales, Inc. (Pro Sales) appeals the district court's dismissal for lack of subject matter jurisdiction of its action against Texaco, USA (Texaco) under the Petroleum Marketing Practices Act (PMPA or the Act). We have jurisdiction under 28 U.S.C. § 1291 (1982), and we reverse and remand.

FACTS AND PROCEDURAL HISTORY

Texaco is a major refiner of petroleum products and sells its products in part through wholesale...

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