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HUMBOLDT OIL CO., INC. v. EXXON CO., U.S.A.

Nos. 86-1916, 86-1956.

823 F.2d 373 (1987)

HUMBOLDT OIL CO., INC. and J.R. Mastelotto, Plaintiffs, v. EXXON COMPANY, U.S.A., Defendant. EXXON COMPANY, U.S.A., Cross-Complainant/Appellant/Appellee, v. HUMBOLDT OIL COMPANY, INC. and J.R. Mastelotto, Cross-Defendants/Appellees/Appellants, and Bonus International Corporation, Cross-Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1987.

Attorney(s) appearing for the Case

Peter L. Spinetta, Oakland, Cal., for plaintiffs/cross-defendants/appellees/appellants.

John R. Reese, San Francisco, Cal., for defendant/cross-complainant/appellant/appellee.

Before SKOPIL, FARRIS and O'SCANNLAIN, Circuit Judges.

PER CURIAM:

Exxon appeals a $750,000 judgment for damages for violation of California Business and Professions Code § 21148 entered on a jury verdict for Humboldt/Mastelotto/Bonus. Humboldt/Mastelotto cross-appealed. Because we find that application of such statute is preempted by federal law, we reverse the judgment for Humboldt/Mastelotto/Bonus and dismiss the cross-appeals.

BACKGROUND

Jerry Robert...

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