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MATHIS v. EXXON CORP.

No. 01-40693.

302 F.3d 448 (2002)

James MATHIS, et al., Plaintiffs, James Mathis, Mohammed Abou-Harb, George Acosta, Musa Adi, Mazen Allaham, et al., Plaintiffs-Appellees, v. EXXON CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 15, 2002.

Attorney(s) appearing for the Case

Sylvia Gerald Davidow, George M. Fleming, Robert R. Herring, Jr., Rand Patrick Nolen, Anita Kawaja, Fleming & Associates, Paul B, Rosen, Law Office of Paul B. Rosen, Bellaire, TX, for Plaintiffs-Appellees.

Roger Dale Townsend (argued), Hogan, Dubose & Townsend, J. Michael Baldwin, Jefferson Gregory Copeland, Macey Reasoner Stokes, Claire Swift Kugler, Baker Botts, Houston, TX, Robert G. Abrams, Robert J. Brookhiser, Jr., Stuart H. Harris, Howrey, Simon, Arnold & White, Washington, DC, Jorge C. Rangel, Law Offices of Jorge C. Rangel, Corpus Christi, TX, William Rollins Hurt, Exxon Mobil Corp., Houston, TX, for Defendant-Appellant.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This is a breach of contract suit brought by fifty-four gasoline station franchisees against Exxon Corporation ("Exxon") for violating the Texas analogue of the Uniform Commercial Code's open price provision. We affirm.

I.

Exxon markets its commercial gas bound for retailers primarily through three arrangements: franchisee contracts, jobber contracts, and company operated retail stores ("CORS"). A franchisee rents Exxon...

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