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SIMMONS v. MOBIL OIL CORP.

No. 92-16092.

29 F.3d 505 (1994)

Hershell Don SIMMONS; Nancy Louise Simmons, his wife, Plaintiffs-Appellants, v. MOBIL OIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1994.

Attorney(s) appearing for the Case

Ronald W. Meyer, Phoenix, AZ, for plaintiffs-appellants.

N. Warner Lee and John C. Lemaster, Ryley, Carlock & Applewhite, Phoenix, AZ, for defendant-appellee.

Before: ALARCON, LEAVY and KLEINFELD, Circuit Judges.

LEAVY, Circuit Judge:

In 1976, the appellant Hershell Don Simmons ("Simmons") entered into a franchise agreement with Mobil Oil Corporation ("Mobil") to lease a gasoline service station in Peoria, Arizona, and to buy Mobil petroleum products to be retailed under the Mobil trademark. Simmons operated the station under three-year franchises with Mobil that were renewed in 1979, 1982, and 1985.

On January 4, 1988, Mobil gave Simmons notice that his existing lease...

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