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BATES v. UNION OIL CO. OF CALIFORNIA

No. 90-35199.

944 F.2d 647 (1991)

Charles D. BATES; Christine A. Bates; Bellinger Brothers; Allen P. Bellinger; Hugh E. Bellinger; Marilyn H. Bellinger; Wineford E. Bennett, et al., Plaintiffs-Appellees, v. UNION OIL COMPANY OF CALIFORNIA, doing business as Unocal, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1991.

Attorney(s) appearing for the Case

George A. Cumming, Jr., Brobeck, Phleger & Harrison, San Francisco, Cal., for defendant-appellant.

Elden M. Rosenthal, Rosenthal & Greene, Portland, Or., for plaintiffs-appellees.

Before WRIGHT, FARRIS and THOMPSON, Circuit Judges.

INTRODUCTION

DAVID R. THOMPSON, Circuit Judge:

Union Oil Company of California (Unocal) lost a lawsuit filed against it by a number of its retail dealers in the United States District Court in Oregon. While Unocal's appeal was pending, it settled the case. To fulfill a condition of the settlement, the judgment in the district court was vacated.

Other Unocal dealers then sued Unocal in the United States District Court in Oregon alleging some of the...

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