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HOPKINS v. BP OIL, INC.

No. 94-6906.

81 F.3d 1070 (1996)

Troy HOPKINS, individually and on behalf of all BP/Gulf dealers in Alabama, Herbert Sharpe, individually and on behalf of all BP/Gulf dealers in Alabama, John Mann, individually and on behalf of all BP/Gulf dealers in Alabama, Plaintiffs-Appellees, Robert Shaw, individually and on behalf of all BP/Gulf dealers in Alabama, Sherry Shaw, individually and on behalf of all BP/Gulf dealers in Alabama, Tom Pool, individually and on behalf of all BP/ Gulf dealers and Exxon dealers in Alabama, Terry Palamotos, individually and on behalf of all BP/Gulf dealers and Exxon dealers in Alabama, Plaintiffs, v. BP OIL, INC., Defendant-Appellant, Exxon Corporation, Chevron USA, Inc., Defendants.

United States Court of Appeals, Eleventh Circuit.

April 26, 1996.

Attorney(s) appearing for the Case

Linda A. Friedman, Susan Donovan Josey, Bradley, Arant, Rose & White, Birmingham, AL, Richard H. Gill, George W. Walker, III, Copeland, Franco, Screws & Gill, P.A., Montgomery, AL, for appellant.

John R. Chiles, Donna Bowling Nathan, Sirote & Permutt, P.C., Birmingham, AL, Frank M. Wilson, Beasley, Wilson, Allen, Main & Crow, P.C., Montgomery, AL, for appellees.

Before TJOFLAT, Chief Judge, COX, Circuit Judge, and WELLFORD, Senior Circuit Judge.

PER CURIAM:

BP Oil, Inc. ("BP") sells gasoline to gasoline station operators for them to re-sell to the public. In this diversity case, three gasoline station operators (the "dealers") sued BP under Alabama law for breach of contract and breach of statutory obligation, among other claims. The dealers alleged that, by billing them based on gross gallons of gasoline rather than based on temperature-compensated gallons of gasoline, BP breached the parties' contracts...

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