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UNION OIL CO. OF CALIFORNIA v. TERRIBLE HERBST

Nos. 01-16683, 01-17176.

331 F.3d 735 (2003)

UNION OIL COMPANY OF CALIFORNIA, Plaintiff-Appellant, v. TERRIBLE HERBST, INC., Defendant-Appellee. Union Oil Company of California, dba/Unocal, a California Corporation, Plaintiff-Appellant, v. Terrible Herbst, Inc., a Nevada Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2003.

Attorney(s) appearing for the Case

Alice A. Seebach, Seebach & Seebach, Los Angeles, California; Rodney M. Jean, Lionel Sawyer & Collins, Las Vegas, NV, for the plaintiff-appellant.

J. Terry Schwartz and Craig A. Parton, Price, Postel & Parma LLP, Santa Barbara, California; Sean T. Higgins, Las Vegas, NV, for the defendant-appellee.

Before B. FLETCHER, RICHARD S. ARNOLD, and RAWLINSON, Circuit Judges.

Opinion by Judge RICHARD S. ARNOLD; dissent by Judge RAWLINSON.

OPINION

RICHARD S. ARNOLD, Circuit Judge:

This appeal involves a contract dispute over who is responsible for cleaning up pollution beneath a gas station. Union Oil Company of California (Unocal) bought the service station from Terrible Herbst, Inc., in 1986 on the condition that Herbst would clean up the site. In 1990, the Nevada Department of Environmental Protection (NDEP) relieved...

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