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PORTLAND 76 AUTO/TRUCK PLAZA, INC. v. UNION OIL CO.

Nos. 95-35543, 95-36022.

153 F.3d 938 (1998)

PORTLAND 76 AUTO/TRUCK PLAZA, INC., Plaintiff-Appellant, v. UNION OIL COMPANY OF CALIFORNIA, dba Unocal Corporation; National Auto/Truckstops Incorporated, Defendants-Appellees, and Gordon A. Barron, Jr.; Joan L. Barron, Counter-Defendants-Appellants. PORTLAND 76 AUTO/TRUCK PLAZA, INC., Plaintiff-Appellee, v. UNION OIL COMPANY OF CALIFORNIA, dba Unocal Corporation, Defendant-Appellant, and National Auto/Truckstops Incorporated; William Osborne; Paul Kohler, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1998.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Lane Powell Spears Lubersky LLP, Portland, Oregon, for defendant-appellee, cross-appellant.

John J. Dunbar (Argued) and Bruce M. Hall (Argued), and Kathryn D. Whittaker (On the Briefs), Ball, Janik & Novack, Portland, Oregon, for plaintiff-appellant, and cross-appellee.

Before: CANBY, RYMER and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

A fuel wholesaler improved one leased truck stop less than others. Did this violate the Robinson-Patman Act, 15 U.S.C. § 13 et seq., or Petroleum Marketing Practices Act, 15 U.S.C. § 2801 et seq.? The lease? The Robinson-Patman Act issue turns out to be especially difficult.

I. FACTS

Unocal made two agreements with Portland 76, in 1978. It leased a truck stop in Oregon to Portland 76, and contracted to sell...

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