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AKKY v. BP AMERICA

No. 94-16134.

73 F.3d 974 (1996)

Radwan "Rod" AKKY; Joseph Elsineitti; Fred Esfandiary; Roy Hifai; Kenneth Yano; Joseph El Sinietti; Plaintiffs-Appellants, v. BP AMERICA, a Delaware corporation; BP Oil Company, an Ohio corporation; BP Oil Marketing Co., a Delaware corporation; BP Exploration & Oil, Inc., an Ohio corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 17, 1996.

Attorney(s) appearing for the Case

Kim A. Seefeld, Mullen & Henzell, Santa Barbara, California, for plaintiffs-appellants.

Clement L. Glynn, Glynn, Cella & Lange, Walnut Creek, California, for defendants-appellees.

Before: GOODWIN and REINHARDT, Circuit Judges, and KING, District Court Judge.

Opinion by Judge GOODWIN

GOODWIN, Circuit Judge:

Plaintiffs, who operated petroleum products retail service stations under lease and franchise agreements with BP America, a major brand distributor of such products, appeal the dismissal of their action under Fed.R.Civ.Pro. 12(b)(6). We affirm.

The complaint attempted to state a claim for damages resulting from the termination of plaintiffs' franchises in violation of 15 U.S.C. § 2801, et. seq....

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